(c) “code
of practice” means a code of practice described in section 62;

(d) “competent”
in relation to a person, means adequately qualified, suitably trained and with
sufficient experience to safely perform work without supervision or with only a
minimal degree of supervision;

(e) “consult”
or any similar term or word means

(i) the
sharing of relevant information with or seeking information or advice from
affected persons,

(ii) giving
affected persons a reasonable opportunity to express their views, and

(iii) taking
those views and that information and advice into account;

(f) “contractor”
means a person, partnership or group of persons who, through a contract, an
agreement or ownership, directs the activities of one or more employers or
self-employed persons involved in work at a work site;

(g) “Council”
means the Occupational Health and Safety Advisory Council appointed under
section 38;

(h) “custodian”
means a person defined as a custodian under the Health Information Act;

(i) “Director”
means a Director of Inspection, a Director of Medical Services or a Director of
Occupational Hygiene;

(j) “Director
of Inspection” means a person appointed under section 42 as a Director of Inspection;

(k) “Director
of Medical Services” means a physician appointed under section 42 as a Director
of Medical Services;

(l) “Director
of Occupational Hygiene” means a person appointed under section 42 as a
Director of Occupational Hygiene;

(m) “discriminatory
action” means any action or threat of action by a person that does or would
adversely affect a worker with respect to any terms or conditions of employment
or opportunity for promotion, and includes termination, layoff, suspension,
demotion or transfer of a worker, discontinuation or elimination of a job,
change of a job location, reduction in wages, change in hours of work,
reprimand, coercion, intimidation or the imposition of any discipline or other
penalty;

(n) “employer”
means

(i) a
person who employs or engages one or more workers, including a person who
employs or engages workers from a temporary staffing agency,

(ii) a
person designated by an employer as the employer’s representative, or

(iii) a
director or officer of a corporation or a person employed by the employer who
oversees the occupational health and safety of the workers employed by the
corporation or employer;

(o) “equipment”
means any mechanical or non-mechanical article or device, and includes any
machine, tool, appliance, apparatus, implement or other thing used in the
carrying out of work, but does not include the personal property owned by an
individual unless that property is used in the carrying out of work;

(p) “family
member”, in relation to a shareholder, sole proprietor or partner, means

(i) the
spouse or adult interdependent partner of the shareholder, sole proprietor or
partner, or

(ii) whether
by blood, marriage or adoption or by virtue of an adult interdependent
relationship, a child, parent, grandparent, sibling, aunt, uncle, niece, nephew
or first cousin of the shareholder, sole proprietor or partner or of the
shareholder’s, sole proprietor’s or partner’s spouse or adult interdependent
partner,

and
includes any other person prescribed by the regulations to be a family member;

(q) “harassment”
means any single incident or repeated incidents of objectionable or unwelcome
conduct, comment, bullying or action by a person that the person knows or ought
reasonably to know will or would cause offence or humiliation to a worker, or
adversely affects the worker’s health and safety, and includes

but
excludes any reasonable conduct of an employer or supervisor in respect of the
management of workers or a work site;

(r) “harmful
substance” means a substance that, because of its properties, application or
presence, creates or could create a danger, including a chemical, biological or
radiological hazard, to the health and safety of a worker exposed to it;

(s) “hazard”
means a situation, condition or thing that may be dangerous to health and
safety;

(t) “hazardous
occupation” means an occupation designated in the regulations or the OHS code
as a hazardous occupation;

(u) “hazardous
work site” means a work site designated in the regulations or the OHS code as a
hazardous work site;

(v) “health
and safety” includes physical, psychological and social well‑being;

(w) “health
and safety program” means a co‑ordinated system of procedures, processes
and other measures that is designed to be implemented by organizations in order
to promote continuous improvement in occupational health and safety;

(ii) an
individual or organization that reviews, interprets or assesses in an
occupational setting

(A) results
from a drug or alcohol test performed on a bodily substance from an individual
worker or group of workers,

(B) results
from medical, health or biological monitoring of an individual worker or group
of workers, or

(C) results
from medical or health surveillance of an individual worker or group of
workers;

(z) “joint
work site health and safety committee” means a committee established pursuant
to section 16;

(aa) “licence”
means a licence, certificate or permit issued under this Act, the regulations
or the OHS code;

(bb) “manufacturer’s
specifications” means the written specifications, instructions or
recommendations, if any, of the manufacturer of equipment or supplies that
describes how the equipment or supplies are to be used, erected, installed,
assembled, started, operated, handled, stored, stopped, calibrated, adjusted,
maintained, repaired, dismantled or disposed of, including a manufacturer’s
instructions, operating or maintenance manual or drawings for the equipment or
supplies;

(cc) “mine”
means a working, other than a drill hole made while exploring for a mineral,
from which coal, precious or semi‑precious minerals, industrial minerals,
oil sands or any other material is being extracted;

(dd) “mine
site” means a location at which a facility for extracting a mineral by
underground, strip, open pit or quarry operations exists or is to be developed,
and includes

(i) a
mineral processing plant, storage facility or discard disposal facility that
exists or is to be developed in connection with a mine, and

(ii) all
connected access roads;

(ee) “Minister”
means the Minister determined under section 16 of the Government
Organization Act as the Minister responsible for this Act;

(ff) “notice
of administrative penalty” means a notice given under section 68(1);

(gg) “notifiable
disease” means a disease or a state of ill health designated in the regulations
or the OHS code as a notifiable disease;

(hh) “occupation”
means every occupation, employment, business, calling or pursuit over which the
Legislature has jurisdiction, except

(i) farming
and ranching operations that are specified in the regulations and in respect of
which

(A) no
wages, as defined in the Employment Standards Code, are paid to persons
for the performance of farming or ranching work, or

(B) wages,
as defined in the Employment Standards Code, are paid only to the
following persons for the performance of farming or ranching work:

(I) shareholders
of a corporation engaged in a farming or ranching operation of which all
shareholders are family members of the same family;

(II) family
members of a shareholder of a corporation engaged in a farming or ranching
operation of which all shareholders are family members of the same family;

(III) family
members of a sole proprietor engaged in a farming or ranching operation;

(IV) family
members of a partner in a partnership engaged in a farming or ranching
operation where all partners are family members of the same family,

and

(ii) work
in, to or around a private dwelling or any land used in connection with the
dwelling that is performed by an occupant or owner who lives in the private
dwelling, unless

(A) the
work is performed for an employer who is not an occupant or owner who lives in
the private dwelling, or

(B) the
work is performed by a person who lives in the private dwelling and is employed
by or on behalf of an occupant or owner who lives in the private dwelling;

(ii) “occupational
disease” means a disease or state of ill health arising out of or related to an
occupation;

(jj) “officer”
means a Director or a person appointed under section 42 as an occupational
health and safety officer;

` (kk) “OHS
code” means the OHS code made by the Minister under section 86(1), including
any secondary code adopted or incorporated as referred to in section 86(2) that
is relevant to the circumstances in question;

(ll) “owner”
means the person who is registered under the Land Titles Act as the
owner of the land on which work is being carried out or may be carried out, or
the person who enters into an agreement with the owner to be responsible for
meeting the owner’s obligations under this Act, the regulations and the OHS
code, but does not include a person who occupies land or premises used as a
private residence unless a business, trade or profession is carried on in that
premises;

(mm) “police
officer” means a member of the Royal Canadian Mounted Police or a member of a
municipal police service;

(nn) “previous
Act” means the Occupational Health and Safety Act, RSA 2000 cO‑2,
as it read immediately before the coming into force of this clause;

(oo) “prime
contractor” means the prime contractor for a work site referred to in section
10;

(pp) “project”
means

(i) the
construction, demolition, repair, alteration or removal of a structure,
building, complex, street, road or highway, pipeline, sewage system or
electric, telecommunication or transmission line,

(ii) the
digging of, working in or filling of a trench, excavation, shaft or tunnel,

(iii) the
installation, modification, repair or removal of any equipment, machinery or
plant,

(iv) the
operation of a manufacturing, industrial or other process, or

(v) any
work designated by a Director of Inspection or a Director of Occupational
Hygiene as a project;

(qq) “self-employed
person” means a person who is engaged in an occupation but is not in the
service of an employer for that occupation;

(rr) “service
provider” means a person who provides training, consulting, testing, program
development or other services in respect of any occupation, project or work
site;

(ss) “specifications”,
other than manufacturer’s specifications, includes the written instructions,
procedures, drawings or other documents of a professional engineer or other
person designated in the regulations or the OHS code relating to equipment,
supplies and a work process or operation;

(tt) “supervisor”
means a person who has charge of a work site or authority over a worker;

(uu) “supplier”
means a person who sells, rents, leases, erects, installs or provides any
equipment or who sells or otherwise provides any harmful substance or explosive
to be used by a worker in respect of any occupation, project or work site;

(vv) “temporary
staffing agency” means a person who retains workers and deploys or facilitates
the placement of those workers with other employers;

(ww) “the
regulations” means the regulations under section 85;

(xx) “train”
or any similar term or word means to give information and explanation to a worker
with respect to a particular subject-matter and to require a practical
demonstration that the worker has acquired knowledge or skill related to the
subject‑matter;

(yy) “violence”,
whether at a work site or work-related, means the threatened, attempted or
actual conduct of a person that causes or is likely to cause physical or
psychological injury or harm, and includes domestic or sexual violence;

(zz) “welfare”
means the conditions or facilities, in or near a work site, provided for the
feeding, rest, hygiene or sanitary requirements of a worker;

(aaa) “worker”
means a person engaged in an occupation, including a person who performs or
supplies services for no monetary compensation for an organization or employer
and, for greater certainty, includes a self-employed person, but does not
include

(i) a
student in learning activities conducted by or within an educational institution
for which no compensation is paid to the student, or

(ii) except
for the purpose of section 5(a) and (b), the following persons engaged in a
farming and ranching operation specified in the regulations or the OHS code:

(A) a
person to whom no wages, as defined in the Employment Standards Code,
are paid for the performance of farming or ranching work;

(B) a
person referred to in clause (hh)(i)(B)(I) to (IV) to whom wages, as defined in
the Employment Standards Code, are paid for the performance of farming
or ranching work;

(bbb) “work
site” means a location where a worker is, or is likely to be, engaged in any
occupation and includes any vehicle or mobile equipment used by a worker in an
occupation.

Purposes of this Act

2 The purposes of this Act are

(a) the
promotion and maintenance of the highest degree of physical, psychological and
social well‑being of workers,

(b) to
prevent work site incidents, injuries, illnesses and diseases,

(c) the
protection of workers from factors and conditions adverse to their health and
safety,

(d) to
ensure that all workers have

(i) the
right to be informed of work site hazards and the means to eliminate or control
those hazards,

(ii) the
right to meaningful participation in health and safety activities pertaining to
their work and work site, including the ability to express health and safety
concerns,

(iii) the
right to refuse dangerous work, and

(iv) the
ability to work without being subject to discriminatory action for exercising a
right or fulfilling a duty imposed by this Act, the regulations or the OHS
code.

Part 1
Obligations of Work
Site Parties

Obligations of employers

3(1) Every
employer shall ensure, as far as it is reasonably practicable for the employer
to do so,

(a) the
health and safety and welfare of

(i) workers
engaged in the work of that employer,

(ii) those
workers not engaged in the work of that employer but present at the work site
at which that work is being carried out, and

(iii) other
persons at or in the vicinity of the work site who may be affected by hazards
originating from the work site,

(b) that
the employer’s workers are aware of their rights and duties under this Act, the
regulations and the OHS code and of any health and safety issues arising from
the work being conducted at the work site,

(c) that
none of the employer’s workers are subjected to or participate in harassment or
violence at the work site,

(d) that
the employer’s workers are supervised by a person who

(i) is
competent, and

(ii) is
familiar with this Act, the regulations and the OHS code that apply to the work
performed at the work site,

(e) that
the employer consults and cooperates with the joint work site health and safety
committee or the health and safety representative, as applicable, to exchange
information on health and safety matters and to resolve health and safety
concerns,

(f) that
health and safety concerns raised by workers, supervisors, self-employed
persons and the joint work site health and safety committee or health and
safety representative are resolved in a timely manner, and

(g) that
on a work site where a prime contractor is required, the prime contractor is
advised of the names of all of the supervisors of the workers.

(2) Every employer shall ensure that workers are
adequately trained in all matters necessary to protect their health and safety,
including before the worker

(a) begins
performing a work activity,

(b) performs
a new work activity, uses new equipment or performs new processes, or

(c) is
moved to another area or work site.

(3) Every employer shall cooperate with any person
exercising a duty imposed by this Act, the regulations and the OHS code.

(4) Every employer shall comply with this Act, the
regulations and the OHS code.

Obligations of supervisors

4 Every supervisor shall

(a) as
far as it is reasonably practicable for the supervisor to do so,

(i) ensure
that the supervisor is competent to supervise every worker under the
supervisor’s supervision,

(ii) take
all precautions necessary to protect the health and safety of every worker
under the supervisor’s supervision,

(iii) ensure
that a worker under the supervisor’s supervision works in the manner and in
accordance with the procedures and measures required by this Act, the
regulations and the OHS code,

(iv) ensure
that every worker under the supervisor’s supervision uses all hazard controls,
and properly uses or wears personal protective equipment designated or provided
by the employer or required to be used or worn by this Act, the regulations or the
OHS code, and

(v) ensure
that none of the workers under the supervisor’s supervision are subjected to or
participate in harassment or violence at the work site,

(b) advise
every worker under the supervisor’s supervision of all known or reasonably
foreseeable hazards to health and safety in the area where the worker is
performing work,

(c) report
to the employer a concern about an unsafe or harmful work site act that occurs
or has occurred or an unsafe or harmful work site condition that exists or has
existed,

(d) cooperate
with any person exercising a duty imposed by this Act, the regulations and the
OHS code, and

(e) comply
with this Act, the regulations and the OHS code.

Obligations of workers

5 Every worker shall, while engaged in an
occupation,

(a) take
reasonable care to protect the health and safety of the worker and of other
persons at or in the vicinity of the work site while the worker is working,

(b) cooperate
with the worker’s supervisor or employer or any other person for the purposes
of protecting the health and safety of

(i) the
worker,

(ii) other
workers engaged in the work of the employer, and

(iii) other
workers not engaged in the work of that employer but present at the work site
at which that work is being carried out,

(c) at
all times, when the nature of the work requires, use all devices and wear all
personal protective equipment designated and provided for the worker’s
protection by the worker’s employer or required to be used when worn by the
worker by this Act, the regulations or the OHS code,

(d) refrain
from causing or participating in harassment or violence,

(e) report
to the employer or supervisor a concern about an unsafe or harmful work site
act that occurs or has occurred or an unsafe or harmful work site condition
that exists or has existed,

(f) cooperate
with any person exercising a duty imposed by this Act, the regulations and the
OHS code, and

(g) comply
with this Act, the regulations and the OHS code.

Obligations of suppliers

6(1) Every
supplier shall

(a) as
far as it is reasonably practicable for the supplier to do so, ensure that any
equipment that the supplier supplies is in safe operating condition,

(b) as
far as it is reasonably practicable for the supplier to do so, ensure that any
harmful substance the supplier supplies is safe to use, when used in accordance
with the manufacturer’s specifications,

(c) as
far as it is reasonably practicable for the supplier to do so, if the supplier
has responsibility under an agreement to maintain equipment, ensure that the
equipment is maintained in a safe condition, in accordance with the
manufacturer’s specifications, if any, and in compliance with this Act, the
regulations and the OHS code,

(d) as
far as it is reasonably practicable for the supplier to do so, provide a notice
to all of the employers supplied by the supplier with equipment, or to the purchasers
or lessees of the equipment, when the supplier becomes aware or ought
reasonably to be aware that the equipment that was supplied or is about to be
supplied does not comply with a standard prescribed under the regulations or the
OHS code,

(e) as
far as it is reasonably practicable for the supplier to do so, provide a notice
to all of the employers supplied by the supplier with a harmful substance when
the supplier becomes aware or ought reasonably to be aware that the harmful
substance that was supplied or is about to be supplied does not comply with a
standard prescribed under the regulations or the OHS code,

(f) cooperate
with any person exercising a duty imposed by this Act, the regulations and the
OHS code, and

(g) comply
with this Act, the regulations and the OHS code.

(2) Subject to subsection (1)(d) and (e), every
supplier shall ensure that any equipment or harmful substance that the supplier
supplies complies with this Act, the regulations and the OHS code.

Obligations of service providers

7(1) Every
service provider shall ensure, as far as it is reasonably practicable for the
service provider to do so, that any service provided to a person to meet an
obligation in the Act, the regulations or the OHS code will enable the person
to comply with this Act, the regulations and the OHS code.

(2) Every service provider shall

(a) ensure
that all services provided in respect of a work site comply with the Act, the
regulations and the OHS code,

(b) ensure
that services provided to a person to meet an obligation in the Act, the regulations
or the OHS code are completed by workers who are competent to provide those
services,

(c) ensure
that, as far as it is reasonably practicable for the service provider to do so,
no person at or near a work site is endangered as a result of the service
provider’s activity,

(d) cooperate
with any person exercising a duty imposed by this Act, the regulations and the
OHS code, and

(e) comply
with this Act, the regulations and the OHS code.

Obligations of owners

8 Every owner shall

(a) ensure,
as far as it is reasonably practicable to do so, that the land, infrastructure
and any building or premises on the land that is under the owner’s control is
provided and maintained in a manner that does not endanger the health and
safety of workers or any other person,

(b) cooperate
with any person exercising a duty imposed by this Act, the regulations and the
OHS code, and

(c) comply
with this Act, the regulations and the OHS code.

Obligations of contractors

9(1) Every
contractor shall ensure, as far as it is reasonably practicable to do so, that

(a) every
work site where an employer, employer’s worker or self-employed person works
pursuant to a contract with the contractor, and

(b) every
work process or procedure performed at a work site by an employer, employer’s
worker or self-employed person pursuant to a contract with the contractor

that is under the control of the
contractor does not create a risk to the health and safety of any person.

(2) Every contractor shall

(a) if
the contractor is on a work site that has a prime contractor, advise the prime
contractor of the name of every employer or self‑employed person with
whom the contractor directs the work activities,

(b) cooperate
with a person exercising a duty imposed by this Act, the regulations and the
OHS code, and

(c) comply
with this Act, the regulations and the OHS code.

Obligations of prime contractors

10(1) Every
construction and oil and gas work site or a work site or class of work sites
designated by a Director must have a prime contractor if there are 2 or more
employers or self‑employed persons, or one or more employers and one or
more self‑employed persons involved in work at the work site.

(2) The person in control of the work site shall
designate in writing a person as the prime contractor of the work site.

(3) The name of the prime contractor must be posted
in a conspicuous place at the work site.

(4) If the person in control of the work site fails
to designate a person as the prime contractor as required in subsection (2),
the person in control of the work site is deemed to be the prime contractor.

(5) The prime contractor shall

(a) establish,
as far as it is reasonably practicable to do so, a system or process that will
ensure compliance with this Act, the regulations and the OHS code in respect of
the work site,

(b) coordinate,
organize and oversee the performance of all work at the work site to ensure, as
far as it is reasonably practicable to do so, that no person is exposed to
hazards arising out of, or in connection with, activities at the work site,

(c) conduct
the prime contractor’s own activities in such a way as to ensure, as far as it
is reasonably practicable to do so, that no person is exposed to hazards
arising out of, or in connection with, activities at the work site,

(d) consult
and cooperate with the joint work site health and safety committee or health
and safety representative, as applicable, to attempt to resolve any health and
safety issues,

(e) coordinate
the health and safety programs of employers and self‑employed persons on
the work site, if 2 or more employers or self‑employed persons or one or
more employers and one or more self‑employed persons on the work site
have a health and safety program,

(f) cooperate
with any other person exercising a duty imposed by this Act, the regulations
and the OHS code, and

(g) comply
with this Act, the regulations and the OHS code.

(6) If a requirement in this Act, the regulations or
the OHS code imposes a duty on an employer or a self‑employed person with
respect to equipment, work site infrastructure or an excavation and the
equipment or infrastructure is designed, constructed, erected or installed, or the
excavation is conducted by or on behalf of a prime contractor, the prime
contractor shall comply with the requirement as if the requirement were
directly imposed on the prime contractor.

(7) Subsection (6) does not relieve the employer, self‑employed
person or prime contractor from fulfilling other responsibilities under this
Act, the regulations and the OHS code.

Obligations of self-employed
persons

11 Every self-employed person shall

(a) conduct
the self‑employed person’s work so as to ensure that the self-employed
person or any other person is not exposed to hazards from activities at the
work site,

(b) when
working on a project that has a prime contractor, advise the prime contractor
that the self-employed person is working on the project,

(c) if
a requirement of this Act, the regulations or the OHS code imposes a duty on an
employer or a worker, comply with the requirement as if the requirement were
directly imposed on the self-employed person, with any necessary modifications,

(d) report,
to the extent that it is reasonably practicable to do so, to all affected employers
and self-employed persons at the work site a concern about an unsafe or harmful
work site act that occurs or has occurred or an unsafe or harmful work site
condition that exists or has existed,

(e) cooperate
with any other person exercising a duty imposed by this Act, the regulations and
the OHS code, and

(f) comply
with this Act, the regulations and the OHS code.

Obligations of temporary staffing
agencies

12 Every temporary staffing agency shall

(a) ensure,
as far as it is reasonably practicable for the temporary staffing agency to do
so,

(i) that
the worker to be assigned to another employer is suitable to perform the task
for which the worker is to be assigned,

(ii) that
the worker is equipped with any necessary personal protective equipment prior
to deployment to the other employer, or will be so equipped prior to commencing
work activities with the other employer, and

(iii) that
the other employer is capable of ensuring the health and safety of the worker,

(b) cooperate
with any other person exercising a duty imposed by this Act, the regulations and
the OHS code, and

(2) If a person has 2 or more functions under this
Act in respect of one work site, the person shall meet the obligations of each
function.

(3) If one or more provisions in this Act, the
regulations or the OHS code imposes the same duty on more than one person and
one of the persons subject to that duty complies with the applicable provision,
the other persons subject to that duty are relieved of their duty only during
the time when

(a) simultaneous
compliance of that duty by more than one person would result in unnecessary
duplication of effort and expense, and

(b) the
health and safety of any person at the work site is not put at risk by
compliance with that duty by only one person.

Part 2
Availability of Information

Duty to provide information

14(1) In this
section, “health and safety information” means information that may affect the
health and safety of a person at a work site and includes information about
hazards at the work site, hazard controls and work practices and procedures,
but does not include personal information about an identifiable individual, confidential
proprietary information or trade secrets.

(2) Every employer shall keep readily available all
health and safety information and provide that information to

(a) the
joint work site health and safety committee or health and safety representative
at the work site,

(b) the
workers, if there is no joint work site health and safety committee and no
health and safety representative, and

(c) the
prime contractor, if there is one.

(3) Every employer shall ensure that current paper
or downloaded or stored electronic copies of this Act, the regulations and the
OHS code are readily available for reference by workers, the joint work site
health and safety committee and the health and safety representative, if one
exists.

(4) Every prime contractor or contractor shall
ensure that the owner and any employer, supplier, service provider or self‑employed
person on a work site is informed of any existing or potential work site
hazards that may affect workers, self‑employed persons or other persons
at the work site.

(5) Every owner shall ensure that any hazard
identified by the owner is communicated to all workers, employers, self‑employed
persons, contractors, prime contractors, suppliers and service providers that
are conducting work activities, or may be reasonably anticipated to conduct
work activities, in relation to the land, infrastructure and any building or
premises on the land.

(6) Every supplier shall, as far as it is
reasonably practicable for the supplier to do so,

(a) ensure
that any equipment is supplied with a written copy of the manufacturer’s
specifications and any other instructions for safe use, as applicable, if such
specifications and instructions exist, and

(b) ensure
that any harmful substance the supplier supplies is supplied with a written
copy of the manufacturer’s specifications and instructions for safe use, as
applicable, if such specifications and instructions exist.

(7) If a person is required to make a report or
plan under this Act, the regulations or the OHS code, the person shall ensure
that the report or plan is in writing and a paper or downloaded or stored
electronic copy of the report or plan is readily available for reference by
workers, the joint work site health and safety committee and the health and
safety representative, if there is one, at the work site affected by the report
or plan.

(8) If a person is required to develop procedures
or to put procedures in place under this Act, the regulations or the OHS code,
the person shall ensure that they are in writing and a paper or downloaded or stored
electronic copy of the current procedures is readily available for reference by
workers, the joint work site health and safety committee and the health and
safety representative, if there is one, at the work site affected by the
procedures.

Posting orders and notices

15(1) An
employer, self‑employed person, owner or prime contractor shall post a
copy of the following at a work site:

(a) an
order made under this Act to that employer, self‑employed person, owner
or prime contractor that is relevant to the work site;

(b) a
health and safety notice prepared by or for a Director concerning conditions or
procedures at the work site.

(2) The employer, self‑employed person,
owner, or prime contractor referred to in subsection (1) shall post the copy in
a conspicuous place at the work site as soon as the employer, self‑employed
person, owner or prime contractor receives it.

(3) The employer, self-employed person, owner or
prime contractor referred to in subsection (1) shall keep an order or notice
issued under this Act posted until the conditions specified in the order or
notice are met.

(4) Despite subsections (1) to (3), the employer,
self-employed person, owner or prime contractor referred to in subsection (1)
may provide the orders and notices in electronic format providing workers, the
joint work site health and safety committee or health and safety representative,
if there is one, are informed of the orders and notices and have ready access
to them.

(5) Despite subsections (1) to (3), if the work
site is mobile and posting is impracticable, the employer, self-employed
person, owner or prime contractor referred to in subsection (1) shall ensure
that the information in the order or the notice is brought to the attention of
all affected workers at the work site.

Part 3
Joint Work Site Health and
Safety Committees and
Health and Safety Representatives

Establishment of joint work site
health and safety committee

16(1) An
employer shall establish a joint work site health and safety committee

(a) if the
employer employs 20 or more workers and work is expected to last 90 days or
more, or

(b) at
any other work site designated by a Director.

(2) If there are 20 or more workers in total from 2
or more employers or employers and self‑employed persons or one or more
employers and one or more self‑employed persons at a work site and the
work is expected to last 90 days or more, the prime contractor or, if there is
no prime contractor, all employers and self‑employed persons shall
coordinate the establishment of a joint work site health and safety committee
for that work site.

(3) The joint work site health and safety committee
shall establish rules of procedure for fulfilling its duties under section 19.

(4) The Director may issue an approval to an
employer or a prime contractor to establish a joint work site health and safety
committee otherwise required by subsections (1) and (2) with variations
regarding the practice and procedures of a committee from the provisions
otherwise applicable under this Act, the regulations and the OHS code.

(5) In considering whether to issue the approval
under subsection (4), the Director shall take into account

(a) the
nature of the work performed at the work site,

(b) the
level of support of the variations by workers or unions representing workers at
the work site,

(c) the
frequency of injury or illness at the work site or in the industry in question,
and

(d) any
additional criteria set out in the regulations or the OHS code.

Designation of health and safety
representative

17(1) Unless
a Director approves an alternative measure to ensure the health and safety of
workers, an employer shall designate a worker appointed or selected under
subsection (2) as a health and safety representative

(a) if
the employer employs 5 to 19 workers and work is expected to last 90 days or
more, or

(b) at
any other work site designated by a Director.

(2) A health and safety representative shall be
appointed in accordance with the constitution of the union that is the
certified bargaining agent or has acquired bargaining rights on behalf of those
workers or, if no such union exists, be selected by the workers the
representative represents.

(3) If there are 5 to 19 workers in total from 2 or more
employers or employers and self-employed persons or one or more employers and
one or more self-employed persons at a work site and the work is expected to
last 90 days or more, the prime contractor or, if there is no prime contractor,
all employers and self-employed persons shall coordinate the designation of a
health and safety representative for that work site.

Determination of number of workers

18 For the purpose of calculating the number
of workers in sections 16 and 17, the number of workers must be determined by
the average number of full-time and part-time workers employed by the employer
and self-employed persons at the work site on a daily basis on each working day

(a) over
the previous 12 months if operations began at least 12 months prior to the
calculation,

(b) since
operations began if operations began less than 12 months prior to the
calculation, or

(c) expected
to be present over the duration for a new operation lasting 90 days or more but
less than 12 months.

Duties of a joint work site health
and safety committee

19 The duties of a joint work site health
and safety committee include the following:

(a) the
receipt, consideration and disposition of concerns and complaints respecting
the health and safety of workers;

(b) participation
in the identification of hazards to workers or other persons arising out of or
in connection with activities at the work site;

(c) the
development and promotion of measures to protect the health and safety of
persons at the work site and checking the effectiveness of such measures;

(d) cooperation
with an officer exercising duties under this Act, the regulations and the OHS
code;

(e) the
development and promotion of programs for education and information concerning
health and safety;

(f) the
making of recommendations to the employer, prime contractor or owner respecting
the health and safety of workers;

(g) the
inspection of the work site at regular intervals;

(h) the
participation in investigations of serious injuries and incidents at the work
site in accordance with section 40;

(i) the
maintenance of records in connection with the receipt and disposition of
concerns and complaints and the attendance to other matters relating to the
duties of the committee;

(j) such
other duties as may be specified in this Act, the regulations and the OHS code.

Duties of a health and safety
representative

20 The health and safety representative
shall, in cooperation with a representative of the employer, perform the same
duties, with any necessary modifications, as set out for the joint work site
health and safety committees in section 19.

Employer and prime contractor to
work with
committee or representative

21(1) If the
joint work site health and safety committee or health and safety representative
brings a health and safety matter to the attention of the employer, self‑employed
person or prime contractor, and makes recommendations to remedy the matter,

(a) if
the matter can be resolved by the employer, self‑employed person or prime
contractor within 30 days, the employer, self‑employed person or prime
contractor shall do so and inform the committee or representative,

(b) if
the matter cannot be resolved by the employer, self‑employed person or
prime contractor within 30 days, the employer, self‑employed person or
prime contractor shall respond in writing, stating how the concern will be
addressed and when the concern will be addressed, including

(i) a
timetable for implementing changes to address the matter, and

(ii) any
interim control measures that the employer, self-employed person or prime contractor
will implement to address the matter,

or

(c) if the
employer, self-employed person or prime contractor disagrees with any
recommendations or does not accept or believe there are any health and safety
concerns, the employer, self-employed person or prime contractor shall give
reasons why the employer, self-employed person or prime contractor disagrees
with any recommendations or does not accept or believe there are any health and
safety concerns.

(2) Where the parties cannot resolve a problem or
address a concern after the provision of written reasons by the employer, self‑employed
person or prime contractor under subsection (1), the employer, self‑employed
person, prime contractor, joint work site health and safety committee, a member
of the joint work site health and safety committee or the health and safety
representative may refer the matter to an officer.

(3) Nothing in this section limits the right of a
worker to refer a health and safety concern directly to an officer.

Membership of joint work site
health and safety committee

22(1) A joint
work site health and safety committee shall consist of at least 4 persons, of
whom at least half represent workers who are not associated with the management
of the work site, and

(a) are
appointed

(i) in
accordance with the constitution of the union that is the certified bargaining
agent or that has acquired bargaining rights on behalf of those workers, or

(ii) if
more than one union represents the workers, in accordance with an agreement
among all of those unions,

or

(b) where
no union exists, are persons selected by the workers they represent.

(2) A joint work site health and safety committee
shall have 2 co‑chairs, one chosen by the employer members on the committee
and the other chosen by the worker members on the committee.

(3) The co-chairs required by subsection (2) shall
alternate in serving as chair at meetings of the joint work site health and
safety committee and shall participate in all decisions of the committee.

(4) To be eligible to be appointed or selected as a
worker member, a person must work at the work site where the joint work site
health and safety committee is established, or in the case of an employer who
operates at multiple work sites, be a worker directly employed by the employer.

(5) Employer members of a joint work site health
and safety committee must be appointed to the committee by the employer or
prime contractor, as applicable.

(6) To be eligible to be appointed as an employer
member, a person must be employed at the work site where the joint work site
health and safety committee is established or in the case of an employer who
operates at multiple work sites, be a person directly employed by the employer.

Posting names of committee members
and representative

23(1) The
employer or, if there is a prime contractor, the prime contractor shall ensure
that the names and contact information of the joint work site health and safety
committee members are posted conspicuously at every work site where workers are
represented by the committee.

(2) The employer or, if there is a prime
contractor, the prime contractor shall ensure that the name and contact
information of the health and safety representative is posted conspicuously at
every work site where workers are represented by the representative.

Term of office

24(1) Members
of a joint work site health and safety committee or a health and safety
representative hold office for a term of not less than one year and may
continue to hold office until their successors are selected or appointed.

(2) Despite subsection (1), if a union exists and
the union’s constitution specifies a term of office for worker members of the joint
work site health and safety committee or the health and safety representative,
the term of office of the worker member or the health and safety representative
is the term specified in the union’s constitution, or if more than one union
represents the workers, in accordance with an agreement among all of those
unions.

Inspection of work site with
officer

25 When an officer inspects a work site, the
officer may request the joint work site health and safety committee co-chairs
or their designates or a health and safety representative to be present at that
inspection.

Quorum

26(1) A
quorum of a joint work site health and safety committee is one-half of the
members if

(a) both
worker and employer members are present, and

(b) at
least one-half of those present are worker members.

(2) Any business of a joint work site health and
safety committee that is transacted where a quorum is not present is not
validly transacted, and any meeting of a committee that is held where a quorum
is not present is not a valid meeting of the committee.

Meetings of joint work site health and
safety committee

27(1) The
joint work site health and safety committee shall meet within 10 days of its
establishment and thereafter at least quarterly.

(2) A joint work site health and safety committee
shall hold its meetings and carry out its duties and functions during normal
working hours.

(3) Either co‑chair of a joint work site
health and safety committee may call a special meeting of the committee to deal
with urgent concerns at the work site.

(4) A joint work site health and safety committee
must convene a special meeting if requested to do so by an officer.

(5) The co‑chairs of a joint work site health
and safety committee must ensure that

(a) minutes
of each meeting of the committee are recorded,

(b) copies
of the minutes approved by the committee are given to the employer within 7
days after the day the meeting was held, and

(c) copies
of the minutes approved by the committee are posted or provided by electronic
means at the work site within 7 days after the day the meeting was held.

(6) The employer or, if there is a prime contractor,
the prime contractor shall maintain a copy of the minutes for 2 years and have
them readily available for inspection by a joint work site health and safety committee
member or an officer.

(7) The employer or, if there is a prime
contractor, the prime contractor shall maintain a copy of any other relevant
health and safety documents produced by the joint work site health and safety
committee and have them readily available for inspection by a committee member
or an officer.

Meetings of employer and health and
safety representative

28(1) At a
work site where a health and safety representative is designated, an employer,
or a prime contractor if there is a prime contractor, shall meet with the
representative regularly to discuss health and safety matters.

(2) A health and safety representative may call a
special meeting with an employer or a prime contractor to deal with urgent
concerns at the work site.

Training of committee members and
representatives

29(1) Where a
joint work site health and safety committee is established, an employer or
prime contractor, as applicable, shall ensure that the co-chairs of the
committee receive training respecting the duties and functions of a committee.

(2) Where a health and safety representative is
designated, an employer shall ensure that the representative receives training
respecting the duties and functions of a representative.

(3) Where a member of a joint work site health and
safety committee or a health and safety representative gives reasonable notice,
an employer shall permit the member or representative to take time away from the
member’s or the representative’s regular duties to attend health and safety
training programs, seminars or courses of instruction.

(4) The amount of time allowed annually for
training under subsections (1), (2) and (3) is the greater of

(a) 16
hours, or

(b) the
number of hours the worker normally works during 2 shifts.

Time away for committee or
representative
work and entitlement to pay

30(1) A
member of a joint work site health and safety committee or a health and safety
representative is entitled to take the following time away from the member’s or
the representative’s regular duties:

(a) the
period of time that the committee or representative determines is necessary to
prepare for each committee meeting or meeting with the employer or prime
contractor as applicable;

(b) the
time required to attend each meeting of the committee, or with the employer or
prime contractor, as applicable;

(c) the
time required to attend health and safety training, as approved by the
committee and the employer, or by the representative’s employer;

(d) such
time as the committee or representative determines is necessary to carry out the
member’s or the representative’s duties as a committee member or representative
under this Act, the regulations and the OHS code.

(2) A member of a joint work site health and safety
committee or a health and safety representative is deemed to be at work during
the times described in subsection (1) and is entitled to be paid for those
times by the member’s or the representative’s employer at the member’s or
representative’s applicable rate of pay.

Part 4
Dangerous Work and
Discriminatory Action

Right to refuse dangerous work

31(1) Subject
to this section and section 5, a worker may refuse to work or to do particular
work at a work site if the worker believes on reasonable grounds that there is
a dangerous condition at the work site or that the work constitutes a danger to
the worker’s health and safety or to the health and safety of another worker or
another person.

(2) A worker who refuses to work or to do
particular work under subsection (1) shall promptly report the refusal and the
reasons for it to the worker’s employer or supervisor or to another person
designated by the employer or supervisor.

(3) If the employer does not remedy the dangerous
condition immediately, the employer shall immediately inspect the dangerous
condition in the presence of the worker, when it is reasonably practicable to
do so and when the presence of the worker does not create a danger to the
health and safety of that worker or of any other person, and one of the
following persons, when it is reasonably practicable to do so and when the
presence of that person does not create a danger to the health and safety of
that person or of any other person:

(a) if
there is a joint work site health and safety committee established under
section 16, the co-chair or a committee member who represents workers;

(b) if
there is a health and safety representative designated under section 17, that
representative;

(c) if
there is no committee or representative, or where no committee member or
representative is available, another worker selected by the worker refusing to
do the work.

(4) The employer required to inspect under
subsection (3) shall take any action necessary to remedy any dangerous
condition, or ensure that such action is taken.

(5) Until the dangerous condition is remedied, the worker
who reported it may continue to refuse to work or to do particular work to
which the dangerous condition may relate.

(6) When a worker has refused to work or to do
particular work under subsection (1), the employer shall not request or assign
another worker to do the work until the employer has determined that the work
does not constitute a danger to the health and safety of any person or that a
dangerous condition does not exist.

(7) Where the employer assigns another worker to do
the work, the employer shall advise that worker, in writing, of

(a) the
first worker’s refusal,

(b) the
reasons for the refusal,

(c) the
reason why, in the opinion of the employer, the work does not constitute a
danger to the health and safety of any person or that a dangerous condition is
not present, and

(d) that
worker’s right to refuse to do dangerous work under this section.

(8) On completing an inspection under subsection
(3), the employer shall prepare a written report of the refusal to work, the
inspection and action taken, if any, under subsection (4).

(9) The employer shall give a copy of the report
completed under subsection (8) to

(a) the
worker who refused work under subsection (1),

(b) the
joint work site health and safety committee, if one exists, and

(c) the
health and safety representative, if one exists.

(10) The employer shall ensure that a report given
under subsection (9) does not contain any personal information related to the
worker who refused to work under subsection (1).

Report of dangerous condition to an
officer

32(1) If the
dangerous condition or the danger to the worker’s health and safety or to the
health and safety of another worker or another person is not remedied after an
inspection under section 31(3), the worker who refused to perform the work
under section 31(1) or any person present during the inspection may file a
complaint with an officer.

(2) On receiving a complaint under subsection (1),
the officer shall investigate the matter and decide whether there is a
dangerous condition or whether the work the worker has refused to do
constitutes a danger to the health and safety of the worker or of any other
worker or person at the work site.

(3) If the officer decides that there is a
dangerous condition or a danger to the worker’s health and safety or to the
health and safety of any other worker or person at the work site, the officer
shall

(a) make
a written report stating the officer’s decision,

(b) make
any order under this Act that the officer considers necessary, and

(c) give
a copy of the report and any order to

(i) the
worker who refused to do the work,

(ii) the
employer,

(iii) the
joint work site health and safety committee, if one exists,

(iv) the
health and safety representative, if one exists, and

(v) any
other person who filed a complaint.

(4) If the officer decides that a dangerous
condition is not present, the officer shall, in writing,

(a) inform
the employer and the worker of that decision,

(b) inform
the joint work site health and safety committee, if one exists, or the health
and safety representative, if one exists, of that decision, and

(c) inform
the worker that the worker is no longer entitled to refuse to do the work.

Worker entitled to be paid despite
refusal

33(1) If a
worker has refused to work or to do particular work under section 31(1),

(a) the
worker is entitled to the same wages and benefits that the worker would have
received had the worker continued to work, and

(b) the
employer may reassign the worker temporarily to alternate work.

(2) A work reassignment under subsection (1)(b) is
not considered discriminatory action for the purposes of section 35.

Employer not to make worker work in
dangerous conditions

34(1) When
the employer or supervisor at a work site knows or ought to know of a condition
at the work site that is or is likely to be dangerous to the health and safety
of a worker, the employer or supervisor shall not require or permit any worker
to do that work until the dangerous condition is remedied.

(2) Subject to section 31, nothing in subsection
(1) prevents the doing of any work or thing at a work site that may be
necessary to remedy a condition that is or is likely to be dangerous to the
health and safety of a worker.

Prohibition of discriminatory
action

35 No person shall take any discriminatory
action against a worker, by reason of that worker

(a) acting
in compliance with this Act, the regulations, the OHS code or an order given
under this Act, the regulations or the OHS code or the terms, conditions or
requirements on an acceptance under section 55 or on an approval under section
56,

(b) being
called to testify, intending to testify or testifying in a proceeding under
this Act,

(c) giving
relevant information about work site conditions affecting the health and safety
of any worker engaged in work or any other person present at the work site to
any of the following:

(i) an
employer or a person acting on behalf of an employer;

(ii) an
officer or another person concerned with the administration of this Act, the
regulations or the OHS code;

(iii) a
joint work site health and safety committee or a health and safety
representative,

(d) performing
duties or exercising rights as a member of a joint work site health and safety
committee or as a health and safety representative,

(e) assisting
or having assisted with the activities of a joint work site health and safety
committee or health and safety representative,

(f) refusing
to do work under section 31(1),

(g) seeking
to establish a joint work site health and safety committee or have a health and
safety representative designated,

(h) being
prevented from working because of an order under this Act, the regulations or
the OHS code, and

(i) taking
reasonable action to protect the health and safety of that worker or any other
person.

Discriminatory action complaint

36(1) A
worker who has reasonable cause to believe that the worker has been subjected
to discriminatory action in respect of an alleged contravention of section 35
may file a complaint with an officer.

(2) An officer who receives a complaint under
subsection (1) shall investigate, make a decision and prepare a written report
of the worker’s complaint, the investigation and the decision of the officer
and shall give the worker and the employer a copy of the report.

(3) If, in the opinion of the officer,
discriminatory action has occurred, the officer shall in writing order an
employer to do one or more of the following:

(a) cease
the discriminatory action;

(b) reinstate
the worker to the worker’s former employment under the same terms and
conditions under which the worker was formerly employed;

(c) pay
the worker not more than the equivalent of wages and benefits that the worker
would have earned if the worker had not been subjected to discriminatory
action;

(d) remove
any reprimand or other reference to the matter from the worker’s employment
records;

(e) other
measures to prevent recurrence.

(4) A worker or an employer who receives a report
under subsection (2) may appeal the matter to the appeal body under section 71
by serving a notice of appeal on the appeal body within 30 days from the
receipt of the report.

(5) If an officer determines that discriminatory
action has been taken against a worker who has acted or participated in an
activity described in section 35,

(a) there
is a presumption in favour of the worker that the discriminatory action was
taken against the worker because the worker acted or participated in an
activity described in section 35, and

(b) the
onus is on the employer to establish that the discriminatory action was taken
against the worker for a reason other than acting or participating in an
activity described in section 35.

Part 5
Program and Practice

Health and safety program

37(1) An
employer who employs 20 or more workers shall establish, in consultation with
the joint work site health and safety committee, a health and safety program
that includes, at a minimum, the following elements:

(a) a
health and safety policy that states the policy for the protection and
maintenance of the health and safety of workers at the work site;

(b) identification
of existing and potential hazards to workers at the work site, including
harassment, violence, physical, biological, chemical or radiological hazards
and measures that will be taken to eliminate, reduce or control those hazards;

(c) an
emergency response plan;

(d) a
statement of the responsibilities of the employer, supervisors and workers at
the work site;

(e) a
schedule and procedures for regular inspection of the work site;

(f) procedures
to be followed to protect health and safety when another employer or
self-employed person is involved in work at the work site, including criteria
for evaluating and selecting and for regularly monitoring those employers and
self-employed persons;

(g) worker
and supervisor health and safety orientation and training;

(h) procedures
for investigating incidents, injuries and refusals to work;

(i) procedures
for worker participation in work site health and safety, including inspections
and the investigation of incidents, injuries and refusals to work;

(j) procedures
for reviewing and revising the health and safety program if circumstances at a
work site change in a way that creates or could create a hazard to workers;

(k) any
elements set out in the regulations.

(2) The employer shall implement the health and safety program
referred to in subsection (1).

(3) For the purposes of calculating the number of
workers in subsection (1), the number of workers must be determined by the
average number of full-time and part-time workers employed by the employer at
the work site on a daily basis on each working day

(a) over
the previous 12 months if operations began at least 12 months prior to the
calculation,

(b) since
the operations began if operations began less than 12 months prior to the
calculation, or

(c) expected
to be present over the duration of a new operation lasting 90 days or more but
less than 12 months.

(4) A health and safety program must be reviewed
every 3 years or more often if there is a change in circumstances at the work
site that creates or could create a hazard to workers, and revised as
appropriate.

(5) Despite subsection (1), an employer with fewer
than 20 workers shall involve affected workers and the health and safety
representative, if one exists, in hazard assessment and control or elimination
of the hazards identified in accordance with the regulations and the OHS code.

Occupational Health and Safety
Advisory Council

38(1) The
Minister shall establish and appoint a council called the “Occupational Health
and Safety Advisory Council” that shall consist of not more than 12 persons.

(2) The Minister may designate one of the members
of the Council as chair and one or more of the members of the Council as vice‑chairs.

(3) Of the members appointed under subsection (1),

(a) 1/3
must be selected from a list of at least 7 persons, each of whom is nominated
by one or more organizations that represent workers or classes of workers,

(b) 1/3
must be selected from a list of at least 7 persons, each of whom is nominated
by one or more organizations that represent employers or classes of employers,
and

(c) 1/3
must be selected from a list of at least 7 persons, each of whom is nominated
by technical and professional bodies whose members are concerned with the
general purposes of this Act.

(4) The members of the Council shall be appointed
for terms not exceeding 3 years.

(5) On the expiration of a member’s term of office,
that member of the Council may, subject to the Alberta Public Agencies
Governance Act and any applicable regulations under that Act, be
reappointed from the lists referred to in subsection (3).

(6) The Council shall meet at the call of the
Minister or the chair, but in any case at least quarterly.

(7) A majority of the members of the Council, which
shall include 2 persons representing the views of workers, 2 persons
representing the views of employers and one person representing the views of
technical or professional bodies, constitute a quorum of the Council.

(8) The members of the Council shall be paid

(a) any
remuneration that the Lieutenant Governor in Council may prescribe in
accordance with any applicable regulations under the Alberta Public Agencies
Governance Act, and

(b) their
reasonable travelling and living expenses in accordance with any applicable
regulations under the Alberta Public Agencies Governance Act, if
incurred while absent from their ordinary places of residence and in the course
of their duties as members of the Council.

(9) If regulations under the Alberta Public
Agencies Governance Act apply in respect of remuneration for the members of
the Council, those regulations prevail, to the extent of any conflict or
inconsistency, over any regulations prescribing remuneration under subsection
(8)(a).

Duties of Council

39(1) The
Council may advise or make recommendations to the Minister on any one or more
of the following matters:

(a) occupational
health and safety generally;

(b) the
protection of workers in specific work site situations;

(c) the
appointment of consultants and advisors by the Minister;

(d) any
matter relating to occupational health and safety on which the Minister seeks
the Council’s opinion.

(2) The Council shall review any matter relating to
this Act and its administration when requested to do so by the Minister and
report its findings and recommendations, if any, to the Minister.

Serious injuries and incidents

40(1) When an
injury or incident described in subsection (2) occurs at a work site, the prime
contractor or, if there is no prime contractor, the employer shall report the
time, place and nature of the injury or incident to a Director of Inspection as
soon as possible.

(2) The injuries and incidents to be reported under
subsection (1) are

(a) an
injury or incident that results in the death of a worker,

(b) an
injury or incident that results in a worker being admitted to a hospital, and
for the purposes of this clause, “admitted to a hospital” means when a
physician writes admitting orders to cause a worker to be an inpatient of a
hospital, but excludes a worker being assessed in an emergency room or urgent
care centre without being admitted,

(c) an
unplanned or uncontrolled explosion, fire or flood that causes a serious injury
or that has the potential of causing a serious injury,

(d) the
collapse or upset of a crane, derrick or hoist,

(e) the
collapse or failure of any component of a building or structure necessary for
the structural integrity of the building or structure, or

(f) any
injury or incident or a class of injuries or incidents specified in the
regulations.

(3) If an incident described in subsection (4)
occurs at a mine or mine site, the prime contractor or, if there is no prime
contractor, the employer shall make a report to a Director of Inspection of the
time, place and nature of the incident as soon as possible.

(4) The incidents that must be reported under
subsection (3) are

(a) an
unexpected major ground fall or subsidence that endangers or may endanger
workers, equipment or facilities,

(b) an
unplanned stoppage of the main underground ventilation system, if it lasts more
than 30 minutes, or occurs repeatedly,

(c) a
vehicle that goes out of control,

(d) an
ignition of flammable gas, combustible dust or other material underground,

(e) workers
being withdrawn from a hazardous location under emergency conditions,

(f) electrical
equipment failures or incidents that cause, or threaten to cause, injury to
workers or damage to equipment or facilities,

(i) any
other unusual incident or unexpected event that could have caused serious
injury to a worker,

(j) the
following incidents where the integrity of a dam or dike is affected at a mine
or mine site:

(i) cracking
or evidence of weakening or subsidence of a dam or impoundment dike;

(ii) unexpected
seepage or the appearance of springs on the outer face of a dam or dike;

(iii) the
freeboard of a dam or dike being less than adequate;

(iv) a
washout or significant erosion to a dam or dike,

and

(k) any
injury or incident or a class of injuries or incidents specified in the
regulations.

(5) If an injury or incident referred to in
subsection (2) or (4) occurs at a work site or if any other injury or any other
incident that has the potential of causing serious injury to a person occurs at
a work site, the prime contractor or, if there is no prime contractor, the
employer shall

(a) report
the time, place and nature of the incident to a Director of Inspection,

(b) carry
out an investigation into the circumstances surrounding the injury or incident,

(c) prepare
a report outlining the circumstances of the injury or incident and the
corrective action, if any, undertaken to prevent a recurrence of the injury or
incident,

(d) ensure
that a copy of the report is readily available and provided to an officer on
demand, and

(e) provide
a copy of the report to a Director of Inspection, the joint work site health
and safety committee or health and safety representative, if applicable, or, if
there is no committee or representative, make it available to workers once the
investigation is complete.

(6) The investigation referred to in subsection
(5)(b) must be conducted with the participation of the joint work site health
and safety committee or health and safety representative, if there is one at
the work site.

(7) The prime contractor or employer who prepared
the report referred to in subsection (5)(c) shall retain the report for at
least 2 years after the serious injury or incident at the work site.

(8) A report prepared under this section is not
admissible as evidence for any purpose in a trial arising out of the injury or
incident, an investigation or public inquiry under the Fatality Inquiries
Act or any other action as defined in the Alberta Evidence Act,
except in a prosecution for perjury or for the giving of contradictory
evidence.

(9) Except as otherwise directed by a Director of
Inspection, an occupational health and safety officer or a police officer, a
person shall not disturb or conduct work at the scene of an injury or incident
required to be reported under subsection (1) or (3), including the immediate
area where the incident occurred, or alter, move or remove equipment, documents
or other information that may be related to the incident, except insofar as is
necessary in

(a) attending
to persons injured or killed,

(b) preventing
further injuries or incidents, and

(c) protecting
property that is endangered as a result of the injury or incident.

Part 6
Minister and Staff

Duties of the Minister

41 The Minister shall, in accordance with
the purposes of this Act,

(a) be
concerned with occupational health and safety, generally, and with the
maintenance of reasonable standards for the protection of the health and safety
of workers and self-employed persons in Alberta,

(b) be
responsible for the administration of this Act, the regulations and the OHS code,

(c) review
this Act and its administration or designate a body to do so every 5 years and
publish a report,

(d) publish
each year a 3-year plan for the review of the regulations and the OHS code,

(e) after
consulting with such representatives of employers and of workers in the
industries that will be affected, as the Minister considers appropriate, submit
from time to time to the Government such recommendations as the Minister
considers appropriate for the making of regulations or the OHS code,

(f) ensure
that persons and organizations concerned with the purposes of this Act are
provided with information and advice pertaining to its administration and to
the protection of the health and safety of workers generally,

(g) prepare
and maintain, or cause to be prepared and maintained, illness, death and
incident statistics relating to workers and self-employed persons, and do so
either alone or in conjunction with The Workers’ Compensation Board, other
government ministries or any other agency, commission or organization, and

(h) do
such other things in connection with health and safety for the purposes of
carrying out the provisions of this Act, the regulations and the OHS code and
the provisions of any other Act or regulations the administration for which the
Minister has responsibility.

Staff

42(1) In
accordance with the Public Service Act, there may be appointed one or
more Directors of Inspection, Directors of Medical Services, Directors of
Occupational Hygiene, occupational health and safety officers and any other
employees necessary for the administration of this Act.

(2) The Minister may, in writing, designate

(a) any
employee of the Government as a person who may perform all or part of the
duties and responsibilities of a Director of Inspection, a Director of
Occupational Hygiene or an officer, or

(b) any
physician employed by the Government or any other physician as a person who may
perform all or part of the duties and responsibilities of a Director of Medical
Services.

(3) The Minister may consent to have an officer
carry out health and safety inspections or other work on behalf of another
province or the Government of Canada on such terms and conditions as is deemed
advisable.

(4) The Minister shall provide each officer with
written credentials of the officer’s appointment which the officer shall
produce on request when exercising or seeking to exercise any of the powers
conferred on the officer under this Act.

Powers of a Director

43 A Director

(a) may
issue and grant acceptances and approvals, in accordance with sections 55 and
56,

(b) may
issue orders under sections 62, 63, 64 and 65,

(c) subject
to section 48(6), may require a person to provide any information in the form
and manner acceptable to the Director that the Director needs to perform duties
or exercise powers under this Act, the regulations and the OHS code,

(d) has
all the powers of an officer as set out in this Act, and

(e) may
perform such other functions as the Minister may direct for the proper
administration of this Act, the regulations and the OHS code.

Duties of officers

44 An officer shall

(a) make
such inspections, investigations and inquiries and carry out such tests, as are
deemed necessary to ascertain whether compliance is being made with the provisions
of this Act, the regulations and the OHS code, and

(b) carry
out such other duties as may be assigned to officers under this Act, the
regulations and the OHS code.

Confidential information

45 No person shall disclose any information
with respect to any confidential proprietary information or trade secrets
obtained by virtue of the exercise of any power conferred by this Act, except
for the purpose of administering this Act, the regulations and the OHS code, or
as required by law.

Part 7
Medical Assessments

Medical examination

46(1) A
Director of Medical Services may, for the purposes of determining

(a) the
extent of any injury suffered by a worker injured in an incident that occurred
in respect of that worker’s occupation, or

(b) whether
a worker is suffering from an occupational disease that is related to that
worker’s occupation,

require that worker to be
medically examined by a Director of Medical Services, a physician chosen by a
Director of Medical Services or by the worker’s physician.

(2) A Director of Medical Services may order the
employer to pay for a medical examination of a worker under subsection (1).

(3) A Director of Medical Services may order the
employer to pay any wages and benefits that the worker would have received for
working during those normal hours of employment that were spent by that worker
in being examined or going to or returning from that examination.

(4) The medical examination must only occur with
the consent of the worker.

Notice of findings

47 When a physician or other health care
professional, in the course of professional practice, finds that a person is
affected with or is suffering from a notifiable disease, the physician or other
health care professional shall, within 7 days after the diagnosis of that
disease or becoming aware of the diagnosis, notify a Director of Medical
Services in writing of the name, address, employer and place of employment of
that person and the name of the notifiable disease.

Medical reports used for
enforcement

48(1) A
physician or other health care professional who performs or supervises an
examination of a worker as required under sections 46 and 50, the regulations
or the OHS code shall, on the request of a Director of Medical Services,
disclose any medical reports that a Director of Medical Services may require
for the purpose of enforcement of this Act, the regulations and the OHS code.

(2) A physician, nurse or first aid attendant who
attends a worker who became ill or was injured while engaged in an occupation
shall, on the request of a Director of Medical Services, disclose any reports
that a Director of Medical Services may require for the purpose of enforcement
of this Act, the regulations and the OHS code.

(3) On the request of a Director of Medical
Services, any employer or service provider who has reports containing health
information related to a worker who became ill or was injured while engaged in
an occupation shall provide such reports to the Director of Medical Services
for the purpose of enforcement of this Act, the regulations and the OHS code.

(4) A custodian shall on the request of a Director
of Medical Services disclose any reports in the custodian’s custody or under
the custodian’s control, including individually identifying health information
or personal information contained in such a report, regarding the medical care
of a worker in relation to a work site illness or injury for the purpose of
enforcement of this Act, the regulations and the OHS code.

(5) For the purpose of enforcement of this Act, the
regulations and the OHS code, a Director of Medical Services may request from a
health service provider, laboratory or custodian and a health services
provider, laboratory or custodian shall disclose results

(a) from
the medical, health or biological monitoring of a worker or a group of workers
as required or performed under this Act, the regulations or the OHS code, or

(b) from
medical or health surveillance of a worker or a group of workers as required or
performed under this Act, the regulations or the OHS code.

(6) Only a Director of Medical Services or a person
authorized in writing by the Director of Medical Services may require the
production of, or examine and make copies of, or remove temporarily for the
purpose of making copies of, the following records:

(a) medical
reports, records or results;

(b) results
from the medical, health or biological monitoring of a worker or a group of
workers;

(c) results
from medical or health surveillance of a worker or a group of workers;

(d) notification
of a diagnosis of a notifiable disease;

(e) any
other record set out in the regulations.

Occupational health surveillance

49 The Minister may establish, in accordance
with the regulations, a program for the purposes of occupational health and
safety surveillance, which includes

(b) any
other elements specified in the regulations as being part of occupational
health and safety surveillance.

Examination of workers exposed to
hazards

50(1) If a
worker is employed in a hazardous occupation or at a hazardous work site, a
Director of Medical Services may

(a) require
the worker’s employer, within 30 days after the commencement of the worker’s
employment, to register with a Director the worker’s name and the location of
the work site where the worker is employed,

(b) require
the worker’s employer to send the worker for regular medical examinations by a
physician with knowledge and expertise in occupational medicine, or as
acceptable to the Director of Medical Services,

(c) prescribe
the type and frequency of the medical examinations,

(d) prescribe
the form and content of medical records to be compiled with respect to that
worker, and

(e) prescribe
the period of time for which those medical records must be maintained.

(2) When the employment of a person registered
under subsection (1)(a) ends, the employer shall notify a Director of Medical
Services of that termination within 30 days after that termination.

(3) The employer shall pay for medical examinations
of a worker under subsection (1).

(4) Despite subsections (1) and (2), the worker may
refuse to undergo part or all of a medical examination by giving the employer a
written statement refusing it.

(5) An employer shall not coerce, threaten or force
a worker into refusing part or all of a medical examination.

(6) The employer shall ensure that, if it is
reasonably practicable to do so, a medical examination is performed during
normal hours of work.

(7) If the medical examination cannot be performed
during normal hours of work, the employer must pay the worker the worker’s applicable
rate of pay for the time of the examination.

Part 8
Compliance and Enforcement

Inspection

51(1) For the
purposes of this Act, an officer may

(a) at
any reasonable hour and without warrant, enter into or on any work site and
inspect that work site except for a premises used as a private dwelling,

(b) subject
to section 48(6), require the production of any records, books, plans or other
documents, including electronic documents, that relate to the health and safety
of workers and may examine them, make copies of them or remove them temporarily
for the purpose of making copies,

(c) use
data storage, information processing or retrieval devices or systems that are
used by an employer in order to examine records, books, plans or other documents,

(d) require
any person to provide the officer with all reasonable assistance, including
using any computer hardware or software or any other data storage, processing
or retrieval device or system to produce information,

(e) inspect,
seize or take samples of any material, product, equipment or other thing being
produced, used or found in or on the work site that is being inspected,

(f) cause
any article, substance or sample taken pursuant to clause (e) to be dismantled
or subjected to any process or test, but not in such manner as to damage or
destroy it, unless under the circumstances damage or destruction thereto is
unavoidable or necessary,

(g) bring
along equipment or materials needed and be accompanied and assisted by a person
who has special, expert or professional knowledge of a matter relevant to the
inspection,

(h) make
tests and take photographs, measurements or recordings in respect of any work
site,

(i) require
the employer or a person designated by the employer to demonstrate the use of
any machinery, equipment, appliance or thing at a work site, and

(j) interview
and obtain statements from persons at the work site or persons not located at
the work site who have information related to the health and safety of workers
at the work site.

(2) Notwithstanding subsection (1)(a), an officer
may enter and examine a room or place used as a private dwelling that is a work
site only if

(a) the
owner or person in possession of it consents to the entry and examination, or

(b) the
entry and examination is authorized by a judge under subsection (3).

(3) Where a judge of the Provincial Court is
satisfied on an officer’s evidence under oath that there are reasonable grounds
for an officer to exercise a power under this section and that

(a) in
the case of a room or place actually used as a private dwelling, the officer
cannot obtain consent under subsection (2)(a), or

(b) having
obtained consent under subsection (2)(a), the officer has been obstructed or
interfered with,

the judge may make any order the
judge considers necessary to enable the officer to exercise the powers under
this section.

(4) When an officer

(a) removes
any records, books, plans or other documents under subsection (1)(b), the
officer shall

(i) give
to the person from whom those items were taken a receipt for them, and

(ii) forthwith
make copies of, take photographs of or otherwise record those items and
forthwith return them to the person to whom the receipt was given,

or

(b) seizes
or takes samples of any material, product, equipment or other thing under
subsection (1)(e), the officer shall

(i) give
to the person from whom those items were seized or taken a receipt for them,
and

(ii) on
that person’s request, return those items to that person when they have served
the purposes for which they were seized or taken.

(5) If a person refuses to allow an officer to
exercise any powers under subsection (1) or interferes or attempts to interfere
with the officer in the exercise of those powers, a Director of Inspection may
apply to the Court of Queen’s Bench for an order restraining that person from
hindering or interfering in any manner with the officer in the exercise of
those powers.

(6) A statement given under this section is not
admissible in evidence for any purpose in a trial, public inquiry under the Fatality
Inquiries Act or other proceeding except

(a) to
prove non‑compliance with this section in an action or proceeding under
this Act,

(b) to
prove the commission of an offence under section 74(3) in an action or proceeding
under this Act,

(c) to
prove the giving of contradictory evidence in an action or proceeding under
this Act, or

(d) as
evidence in

(i) a
review under section 70(1),

(ii) an
appeal to the appeal body through a referral of a matter under section 70(5)(c)
to the appeal body, or

(iii) an
appeal under section 71(2)(a), (c), (d) or (e).

Identification

52(1) Every
person at a work site shall, on request by an officer, provide proof of
identity satisfactory to the officer, including the name of the person’s
employer and the person’s role at the work site.

(2) Every employer involved in work at a work site
shall, on request by an officer, identify to the officer the workers and
supervisors employed by that employer at the work site.

Investigation of injury or incident

53(1) If an
injury or incident occurs at a work site, an officer may, subject to section
51(2),

(a) initiate
an investigation of the injury or incident,

(b) attend
at the scene of the injury or incident and make any inquiries that the officer
considers necessary to determine the cause of the injury or incident and the
circumstances related to the injury or incident,

(c) enter
any place or area at a work site that the injury or incident occurred where the
officer believes information relating to the injury or incident exists,

(d) require
the production of any records, books, plans or other documents, including
electronic documents, and examine them, make copies of them or seize them, and

(e) use
data storage, information processing or retrieval devices or systems that are
used by an employer in order to examine records, books, plans or other
documents.

(2) Every person present when an injury or incident
occurred or who has information relating to the injury or incident shall, on
the request of an officer, provide to the officer any information respecting
the injury or incident that the officer requests.

(3) An officer may, for the purposes of determining
the cause of the injury or incident, seize or take samples of any substance,
material, product, equipment or other thing that was present at, involved in or
related to the injury or incident.

(4) If an officer seizes or takes samples of any
substance, material, product or equipment under subsection (3), the officer
shall

(a) give
to the person from whom those items were seized or taken a receipt for those
items,

(b) on
that person’s request, return those items to that person when those items have
served the purposes for which they were seized or taken, and

(c) dispose
of or destroy the seized items if the person from whom the items were seized
cannot be located or declines to take receipt of the items.

(5) Notwithstanding subsections (1)(b) and (c), an
officer may enter and examine a room or place used as a private dwelling only
if

(a) the
owner or person in possession of it consents to the entry and examination, or

(b) the
entry and examination is authorized by a judge under subsection (6).

(6) Where a judge of the Provincial Court is
satisfied on an officer’s evidence under oath that there are reasonable grounds
for an officer to exercise a power under this section and that

(a) in
the case of a room or place actually used as a private dwelling, the officer
cannot obtain consent under subsection (5)(a), or

(b) having
obtained consent under subsection (5)(a), the officer has been obstructed or
interfered with,

the judge may make any order the
judge considers necessary to enable the officer to exercise the powers under
this section.

(7) A statement given under this section is not
admissible in evidence for any purpose in a trial, public inquiry under the Fatality
Inquiries Act or other proceeding except

(a) to
prove non‑compliance with this section in an action or proceeding under
this Act,

(b) to
prove the commission of an offence under section 74(3) in an action or
proceeding under this Act,

(c) to
prove the giving of contradictory evidence in an action or proceeding under
this Act, or

(d) as
evidence in

(i) a
review under section 70(1),

(ii) an
appeal to the appeal body through a referral of a matter under section 70(5)(c)
to the appeal body, or

(iii) an
appeal under section 71(2)(a), (c), (d) or (e).

(8) A police officer may assist an officer in
carrying out the officer’s duties under this section if the officer so
requests.

Prohibition from interference

54 No person shall interfere with or in any
manner hinder an occupational health and safety officer or a police officer who
is exercising powers or performing duties or functions under this Act.

Acceptances

55(1) A
Director may, in accordance with the regulations or the OHS code, issue in
writing an acceptance to a prime contractor, a contractor, an employer, a self‑employed
person, a supplier, a service provider, an owner or a group of one or more of
these parties if, in the Director’s opinion, an alternative piece of equipment,
work process, standard, requirement, substance, service, first aid service or
first aid supplies or equipment at a work site provides equal or greater
protection than that provided for by the regulations or the OHS code to persons
affected by the equipment, work process, standard, substance, requirement,
service, first aid service or first aid supplies or equipment.

(2) A Director may impose any terms, conditions or
requirements on the acceptance the Director considers necessary to maintain the
health and safety of a worker and those terms, conditions and requirements are
part of the acceptance.

(3) The period during which an acceptance will be
in effect must not exceed 5 years from the date of issuance.

(4) An acceptance is in effect only during the
period prescribed in it and, notwithstanding anything in this Act, the
regulations or the OHS code, during that period, the terms, conditions or
requirements set out in it apply with respect to the equipment, work process,
standard, requirement, substance, service, first aid service or first aid
supplies or equipment at the work site to which the acceptance applies.

(5) A prime contractor, a contractor, an employer,
a self‑employed person, a supplier, a service provider, an owner or a
group of one or more of these parties who is issued an acceptance shall ensure
that the acceptance, including any terms, conditions or requirements on the
acceptance, or the original legislative requirement is complied with.

(6) The Regulations Act does not apply to an
acceptance issued by a Director.

(7) An application for an acceptance must

(a) be
in writing,

(b) include
a statement of why the acceptance is requested, and

(c) provide
the specific details about the alternative equipment, work process, standard,
requirement, substance, service, first aid service or first aid supplies or
equipment that a Director needs to determine whether the alternative gives
workers equal or greater protection than the original legislative requirement.

(8) The applicant shall

(a) post
a copy of the application at the work site and keep it posted there until the
decision on the requested acceptance is received by the applicant, and

(b) provide
a copy to the joint work site health and safety committee or health and safety
representative, if one exists.

(9) Subsection (8) does not apply if the acceptance
relates to the demolition of a structure or equipment.

(10) After receiving an application for an acceptance,
the Director may give notice of the application and shall conduct consultation
or direct the prime contractor, a contractor, an employer, a self‑employed
person, a supplier, a service provider, an owner or a group of one or more of
these parties to conduct consultation with the joint work site health and
safety committee or health and safety representative, and with individual
workers, if applicable, or other persons respecting that application as the
Director considers advisable.

(11) The Director shall give written reasons for a
decision on an application for an acceptance.

(12) The Director shall give notice of the Director’s
decision, including the written reasons and any acceptance issued, to the
applicant and to any persons who were consulted under subsection (10).

(13) A prime contractor, a contractor, an employer,
a self‑employed person, a supplier, a service provider, an owner or a
group of one or more of these parties who receives an acceptance shall ensure
that a copy or a record of an acceptance that applies at a work site is

(a) posted
in a conspicuous place at the work site,

(b) if
applicable, secured to or kept with the equipment to which the acceptance
applies, or

(c) otherwise
communicated to the workers who may be affected by the acceptance.

(14) If the variation of an acceptance does not
substantively change the acceptance based on what was consulted on under
subsection (10), a Director may vary an acceptance on receipt of a written
request from the prime contractor, a contractor, an employer, a self‑employed
person, a supplier, a service provider, an owner or a group of one or more of
these parties.

(15) A Director may suspend, amend or revoke an
acceptance for non‑compliance with the terms, conditions or requirements
set out in it or at the Director’s discretion.

Approvals

56(1) Where
this Act, the regulations or the OHS code authorize a Director to issue an
approval, a Director may, in accordance with this Act, the regulations or the
OHS code issue an approval to a prime contractor, a contractor, an employer, a
self‑employed person, a supplier, a service provider, an owner or a group
of one or more of these parties provided the prime contractor, contractor,
employer, supplier, service provider, owner or a group of one or more of these
parties meets any terms or conditions that the Director considers necessary.

(2) After receiving an application for an approval,
the Director shall, as appropriate, consult or direct the prime contractor, a
contractor, an employer, a self‑employed person, a supplier, a service
provider, an owner or a group of one or more of these parties to conduct
consultation with the joint work site health and safety committee or health and
safety representative, and with individual workers, if applicable, or other
persons respecting that application, as the Director considers advisable.

(3) An application for an approval must

(a) be
in writing,

(b) include
a statement of why the approval is requested, and

(c) provide
the specific details about the circumstances and work site a Director needs to
determine whether the approval should be granted.

(4) A Director may impose any terms, conditions and
requirements on the approval the Director considers necessary to maintain the
health and safety of a worker and those terms, conditions and requirements are
part of the approval.

(5) The period during which an approval will be in
effect must not exceed 5 years from the date of issuance.

(6) A prime contractor, a contractor, an employer,
a self‑employed person, a supplier, a service provider, an owner or a
group of one or more of these parties who is issued an approval shall ensure
that the approval, including any terms, conditions or requirements on the
approval, or the original legislative requirement is complied with.

(7) If the variation of an approval does not
substantively change the approval based on what was consulted on under
subsection (2), a Director may vary an approval on receipt of a written request
from the prime contractor, a contractor, an employer, a self‑employed
person, a supplier, a service provider, an owner or a group of one or more of
these parties.

(8) A Director may suspend, amend or revoke the
Director’s approval for non-compliance with the terms, conditions or
requirements set out in it or at the Director’s discretion.

Interjurisdictional recognition

57(1) Notwithstanding
the standards required to be followed and equipment required at a work site as
specified by this Act, the regulations or the OHS code and on the application of
a prime contractor, a contractor, an employer, a self-employed person, a
supplier, a service provider, an owner or a group of one or more of these
parties, a Director may approve an alternate standard or equipment that
complies with the requirements in another Canadian jurisdiction if, in the
Director’s opinion, the standard or equipment is equal to or better than the
standards required to be followed and equipment required at a work site as
specified by this Act, the regulations and the OHS code.

(2) The approval may be subject to such terms,
conditions and requirements as the Director considers appropriate.

(3) The period during which an approval will be in effect must
not exceed 5 years from the date of issuance.

(4) A prime contractor, a contractor, an employer,
a self-employed person, a supplier, a service provider, an owner or a group of
one or more of these parties who received an approval shall comply with the
terms, conditions and requirements on the approval.

(5) A Director may suspend, amend or revoke an
approval for non-compliance with the terms, conditions or requirements set out
in it or at the Director’s discretion.

Licence

58(1) A
licence may be issued in accordance with the regulations or the OHS code.

(2) A Director may, in accordance with the
regulations or the OHS code, cancel or suspend a licence.

Order to ensure compliance

59(1) When an
officer is of the opinion through an inspection under section 51 or an
investigation under section 53 that a person is not complying with this Act,
the regulations or the OHS code, the officer shall take steps to ensure
compliance, including, where appropriate, writing an order to the person to
take such measures specified in the order, within the time limits specified in
the order, as the officer considers necessary to ensure such compliance.

(2) An order must

(a) cite
the contravened provision of this Act, the regulations or the OHS code,

(b) state
the reasons for the officer’s opinion,

(c) require
the person to take the measures within a period specified by the officer in the
order, and

(d) state
any other terms and conditions the officer determines are appropriate.

(3) The period of compliance in an order

(a) may
end at any time before the end of the specified period if the officer
determines that compliance has been achieved in relation to the measures
ordered, or

(b) may
be extended by the officer, unless a Director has made an order under section
70(7) or the chair or a vice‑chair of the appeal body has so directed
under section 71(6).

(4) An order remains in effect until

(a) an
officer determines that the measures required under the order have been
complied with or performed,

(b) an
officer determines that the measures are no longer applicable,

(c) it
is revoked or varied by a Director under section 70(5), or

(d) it
is revoked or varied by the appeal body under section 71(4)(a).

Stop work orders

60(1) When an
officer is of the opinion, through an inspection under section 51 or an
investigation under section 53, that a danger to the health and safety of a
worker exists in respect of that worker’s employment, the officer shall do one
or more of the following:

(a) order
the work or any part of it that is taking place to be stopped forthwith;

(b) order
any worker or other person present to leave the work site forthwith;

(c) in
writing, order the prime contractor, contractor, supervisor, employer,
supplier, service provider or self‑employed person to take measures
specified by the officer that the officer considers necessary for the purpose
of removing the source of the danger or to protect any person from the danger.

(2) When an officer is of the opinion that
activities that involve, or are likely to involve, a danger to the health and
safety of workers are being carried on, or are about to be carried on, by
workers of the same employer or by a self-employed person at more than one work
site, the officer may order one or more of the following:

(a) the
cessation of those activities;

(b) that
all or part of any of the employer’s or self-employed person’s work sites be
vacated;

(c) that
no resumption of those activities be permitted by the employer or self-employed
person at any of the employer’s or self‑employed person’s work sites
while the order is in effect;

(d) that
the employer or self-employed person take measures specified by the officer
that the officer considers necessary for the purpose of removing the source of
the danger or to protect any person from the danger.

(3) While a stop work order issued under subsection
(1)(a) or (2) is in effect,

(a) any
worker who is directly affected by the order is entitled to the same wages and
benefits that the worker would have received had the stop work order not been
issued, and

(b) the
employer may reassign the worker to alternate work.

(4) When requested to do so by an officer, a police
officer shall assist the officer in carrying out the officer’s duties under
this section.

Stop use orders

61(1) When an
officer is of the opinion, through an inspection under section 51 or an
investigation under section 53, that equipment being used or that may be used
at a work site

(a) is
not in safe operating condition, or

(b) does
not comply with the regulations or the OHS code,

the officer shall in writing
order the prime contractor, contractor, owner, employer, supervisor, self‑employed
person or worker to take measures specified by the officer that the officer
considers necessary for the purpose of removing the source of the danger or to
protect any person from the danger.

(2) No person shall sell, rent, lease or otherwise
transfer equipment that is subject to an order under subsection (1).

(3) When an officer is of the opinion that a
supplier is supplying equipment that

(a) is
not in safe operating condition, or

(b) does
not comply with the regulations or the OHS code,

the officer may in writing order
the supplier to stop supplying that equipment for use by any worker.

(4) When an officer is of the opinion that a
supplier is supplying any substance or material that does not comply with the
OHS code, the officer may in writing order the supplier to stop supplying that
substance or material or take measures specified by the officer that the
officer considers necessary for the purpose of removing the source of the
danger or to protect any person from the danger.

(5) While a stop use order issued under subsection
(1) that is in effect results in a worker not being able to work

(a) the
worker who is directly affected by the order is entitled to the same wages and
benefits that the worker would have received had the order not been issued, and

(b) the
employer may reassign the worker to alternate work.

Code of practice

62(1) A prime
contractor, a contractor, an employer or a self-employed person involved in
work at a work site may be required

(a) by
a written order of a Director, or

(b) by
the regulations or the OHS code

to establish a code of practice
and to supply copies of it to a Director.

(2) A code of practice must include practical
guidance on the requirements of the regulations or the OHS code applicable to
the work site, safe working procedures in respect of the work site and other
matters as required by a Director, the regulations or the OHS code.

(3) A prime contractor, a contractor, an employer
or a self‑employed person who establishes a code of practice pursuant to
subsection (1) shall ensure that

(a) a
copy of the code of practice is readily available to the workers and other
persons at the work site, and

(b) all
workers to whom the code of practice applies receive appropriate training with
respect to the code so that they are able to comply with its requirements.

(4) A Director may from time to time require that
the code of practice be revised.

Order to establish a health and
safety program

63 If ordered to do so by a Director, an
employer shall establish a health and safety program and include such terms and
conditions imposed as the Director considers appropriate.

Regular inspection of work sites

64 A Director may, by written order,

(a) require
a prime contractor, a contractor, an owner, an employer, a supervisor or a self‑employed
person involved in work at a work site to regularly inspect the work site for
occupational hazards, and

(b) prescribe
the manner, methods and procedures or any of them to be used for carrying out
those inspections.

Protection of workers on a new
project

65(1) A
person who intends to begin a new project may be required to file a notice in
accordance with the regulations or the OHS code.

(2) When a person has begun or is about to begin a
project and a Director is of the opinion that the health and safety of any
worker who is or will be present at the project is not being or will not be
protected, a Director may in writing order that person to stop that project or
to refrain from beginning that project, as the case may be.

(3) An order made under subsection (2) shall remain
in effect until the Director is satisfied that the person to whom the order was
made has taken the measures that, in the opinion of a Director, will protect
the health and safety of the workers concerned.

(4) A Director may require any person who has begun
or is about to begin a project to furnish to a Director, within the time
specified by the Director, the plans, drawings and specifications that are
reasonably necessary for determining whether the health and safety of the
workers concerned is being or will be protected.

Report on compliance

66(1) The
person against whom an order is issued under section 59, 60 or 61 shall

(a) within
7 days after the expiry of the date specified within which compliance is
ordered to be achieved, or any extension thereof, prepare a written report on
the measures taken to remedy the contravention,

(b) send
or provide a copy of the report referred to in clause (a) to the officer who
made the order,

(c) provide
a copy of the report referred to in clause (a) to the joint work site health
and safety committee or to the health and safety representative, if one exists,
and

(d) post
in a conspicuous place at or near the work site a copy of the report referred
to in clause (a) if there is no joint work site health and safety committee or
health and safety representative for the work site.

(2) A person preparing a report made under
subsection (1) shall ensure that no personal information related to a worker is
contained in the report.

Enforcement of compliance with
order

67 When

(a) an
order has been made under this Act, the regulations or the OHS code by a
Director or an officer, and

(b) the
person to whom that order has been made is carrying on the work without
complying with that order,

a Director of Inspection may,
notwithstanding that the person to whom the order was made may or may not have
been prosecuted under this Act for not complying with that order, apply to the
Court of Queen’s Bench for an order of the Court requiring that person to
comply with the order made by a Director of Inspection, a Director of Medical
Services, a Director of Occupational Hygiene or an officer, as the case may be.

Administrative penalties

68(1) If an
officer is of the opinion that a person

(a) has
contravened a provision of this Act, the regulations or the OHS code,

(b) has
failed to comply with an order made under this Act, the regulations or the OHS
code,

(c) has
failed to comply with a term, condition or requirement of an acceptance issued
under this Act, the regulations or the OHS code,

(d) has
failed to comply with a term, condition or requirement of an approval issued
under this Act, the regulations or the OHS code, or

(e) makes
a false statement or gives false or misleading information to an officer,

the officer may, by notice in
writing given to the person, require the person to pay to the Crown an
administrative penalty in the amount set out in the notice.

(2) The amount of the administrative penalty must
not exceed

(a) $10 000
per incident listed in subsection (1)(a) to (e),

(b) for
a contravention or a failure to comply with subsection (1)(a) to (d) that
continues for more than one day, $10 000 for each day or part of a day on
which the contravention or failure to comply occurs or continues.

(3) A person who pays an administrative penalty in
respect of a contravention or a failure to comply shall not be charged under
this Act with an offence in respect of the same contravention or failure to
comply that is described in the notice of administrative penalty.

(4) A notice of administrative penalty may be given
within 2 years after the alleged contravention or non-compliance occurs, but
not afterwards.

(5) Subject to the right to appeal, where a person
fails to pay an administrative penalty in accordance with the notice of
administrative penalty and this Act, the Minister may file a copy of the notice
of administrative penalty with the clerk of the Court of Queen’s Bench, and on
being filed, the notice has the same force and effect and may be enforced as if
it were a judgment of the Court of Queen’s Bench.

Awarding of costs

69 On an application under section 51(5),
67, 71(9) or 89(6)(a)(v), (b)(v) or (c)(v), the Court of Queen’s Bench may make
any award as to costs that it considers proper.

Part 9
Review and Appeals

Director review

70(1) A
person to whom an order is issued under section 59, 60 or 61 or who has
received a decision in a report under section 32(3)(c)(i) or (ii) or a written
decision under section 32(4)(a) may request a review of the order or the
decision by a Director of Inspection.

(2) The person requesting a review under subsection
(1) shall send a written notice to a Director of Inspection within 30 days of
receiving the order or the report that states the reason for the request for
review and lists the persons directly affected by the order or decision.

(3) The Director of Inspection shall give the
affected persons listed in the notice and any other person the Director of
Inspection considers has an interest in the matter an opportunity to provide
submissions about the matter.

(4) The Director of Inspection is not required to
hold a hearing before making a decision.

(5) The Director of Inspection may decide to

(a) confirm,
vary or revoke the order or the decision,

(b) make
any other order the Director of Inspection considers reasonable, or

(c) refer
the matter to the appeal body.

(6) The Director of Inspection shall give written
reasons within a reasonable time after receiving the notice in subsection (2).

(7) When a review is commenced under subsection
(1), the commencement of that review does not operate as a stay of the order or
decision being reviewed except as the Director of Inspection so directs.

(8) On referring a matter to the appeal body under
subsection (5)(c), the Director of Inspection shall

(a) inform
the affected persons listed in the notice and any other person the Director of
Inspection considers has an interest in the matter that the matter has been
referred to the appeal body, and

(b) give
the appeal body

(i) the
notice under subsection (2),

(ii) any
written information the Director of Inspection has that is relevant,

(iii) any
written reasons provided under subsection (6), and

(iv) a
list of persons who the Director of Inspection considers have an interest in
the matter.

(9) Referrals of matters to the appeal body under subsection
(5)(c) and the conduct of appeals respecting those matters must be dealt with in
accordance with the regulations.

Appeal

71(1) The
Labour Relations Board under the Labour Relations Code is the appeal
body for the purpose of this Act.

(2) A person

(a) to
whom an order is issued under section 36,
62, 63, 64 or 65,

(b) who
is given a notice of administrative penalty,

(c) whose
licence is cancelled or suspended,

(d) who
has received a report under section 36(2), or

(e) who
has received written reasons under section 70(6), other than written reasons
for a referral of a matter to the appeal body under section 70(5)(c)

may appeal the order,
administrative penalty, cancellation or suspension, the decision in the report
referred to in clause (d) or the decision to which the written reasons in
clause (e) relate to the appeal body.

(3) Unless the matter is referred to the appeal
body by the Director of Inspection under section 70(5)(c), an appeal under
subsection (2) must be commenced by serving a notice of the appeal on the
appeal body within 30 days of being served or given notice of the order,
administrative penalty, cancellation or suspension, report or written reasons.

(4) After considering the matter being appealed,
the appeal body may by order

(a) in
the case of an appeal from an order referred to in subsection (2)(a), confirm,
revoke or vary the order,

(b) in
the case of an appeal from an administrative penalty, confirm, revoke or vary
the administrative penalty,

(c) in the
case of an appeal from the cancellation or suspension of a licence,

(i) confirm
the cancellation or suspension,

(ii) reinstate
the cancelled licence,

(iii) substitute
a suspension for the cancellation,

(iv) remove
or vary the suspension, or

(v) add
conditions to the licence,

(d) in
the case of an appeal of a decision in a report under section 36(2), confirm,
revoke or vary the officer’s decision,

(e) in
the case of a person who has received written reasons under section 70(6),
confirm, revoke or vary the decision to which the reasons relate, or

(f) reject
the matter summarily where the appeal body is of the opinion that the matter is
without merit, or is frivolous, trivial, vexatious, filed with improper motives
or otherwise an abuse of process.

(5) When an appeal is commenced under subsection
(2), the appeal body shall hear the appeal and make an order as soon as
practicable.

(6) When an appeal is commenced under subsection
(2)(a), (c), (d) or (e), the commencement of that appeal does not operate as a
stay of the order, cancellation or suspension, or decision being appealed from
except insofar as the chair or a vice‑chair of the appeal body so
directs.

(7) When an appeal from an administrative penalty
is commenced under subsection (2)(b), the commencement of that appeal operates
to stay the administrative penalty until the appeal body renders its decision
on the appeal or the appeal is withdrawn.

(8) If any order made by the appeal body is not
complied with, the appeal body may file a copy of the order with the clerk of
the Court of Queen’s Bench and, on being filed, the order is enforceable as a
judgment or order of the Court.

(9) If any person conducts himself or herself in a
manner that may be in contempt of the appeal body or its proceedings, the
appeal body may apply to the Court of Queen’s Bench for an order directing
compliance with the appeal body’s order or restraining any conduct found by the
Court to be in contempt of the appeal body or its proceedings.

(10) The appeal body shall publish information about
proceedings and orders of the appeal body issued under this Act.

Hearing of appeal

72(1) The
Lieutenant Governor in Council may, in accordance with section 8(5) of the Labour
Relations Code, establish a Division for the purpose of hearing appeals
under this Act.

(2) The chair of the appeal body may establish from
the members of the Division, or where there is no Division, from the members of
the appeal body, a panel of 3 or more members to hear an appeal under this Act
and that panel may exercise the powers, duties and functions of the appeal
body.

(3) A quorum of the panel is the chair or a vice‑chair
presiding over the appeal and 2 other members.

(4) Notwithstanding subsections (2) and (3), the
chair may authorize the chair or a vice‑chair to sit alone to hear an
appeal under this Act and the chair or vice‑chair may exercise the
powers, duties and functions of the appeal body.

(5) A panel of the appeal body or the chair or vice‑chair
where the chair or vice‑chair is sitting alone under subsection (4) is
deemed to be the appeal body for the purposes of this Act.

(6) Where a panel of the appeal body is hearing an
appeal and one or more members of the panel do not for any reason attend on any
day or part of a day, the remaining members present may, if they constitute a
quorum under this section, exercise the powers and functions of the appeal body
with respect to that hearing.

(7) Notwithstanding subsection (3), in the event of
the death or incapacity of the person who is presiding over an appeal in which
the evidence and argument have been heard,

(a) the
remaining members may decide the matter, if at least one of the remaining
members is the chair or the vice‑chair and there are at least 2 other
members hearing the appeal, or

(b) if
clause (a) does not apply, the remaining members, if unanimous in their
decision, may decide the matter.

(8) An order of a majority of the members of a
panel of the appeal body present and constituting a quorum is the order of the
appeal body and in the event that there is a tie vote, the chair or the
presiding member, as the case may be, may cast a 2nd vote.

(9) The appeal body may establish rules of
procedure respecting the hearing of appeals under this Act.

(10) For the purpose of hearing appeals under this
Act, the appeal body has the same power as is vested in the Court of Queen’s
Bench for the trial of civil actions

(a) to
summon and enforce the attendance of witnesses,

(b) to
compel witnesses to give evidence under oath or otherwise,

(c) to
compel witnesses to give evidence in person or otherwise, and

(d) to
compel witnesses to produce any record, object or thing that relates to the
matter being heard.

(11) The appeal body has exclusive jurisdiction to
exercise the powers conferred on it by or under this Act and to determine all
questions of fact or law that arise in any matter before it and the action or
order of the appeal body on them is final and conclusive for all purposes, but
the appeal body may, at any time, reconsider any order made by it and vary,
revoke or affirm the order.

(12) Subject to subsection (13), no order of the
appeal body shall be questioned or reviewed in any court by application for
judicial review or otherwise, and no order shall be made or process entered or
proceedings taken in any court, whether by way of injunction, declaratory
judgment, prohibition, quo warranto or otherwise, to question, review, prohibit
or restrain the appeal body or any of its proceedings.

(13) An order of the appeal body may be questioned
or reviewed by way of an application for judicial review seeking an order in
the nature of certiorari or mandamus if the application is filed with the Court
of Queen’s Bench and served on the appeal body no later than 30 days after the
date of the order.

Part 10
Offences and Penalties

Offences

73 Every person who

(a) fails
to comply with an order or decision pursuant to this Act, the regulations or
the OHS code,

(b) intentionally
obstructs a Director or an officer in the exercise of the Director’s or the
officer’s powers or the performance of the Director’s or the officer’s duties,

(c) fails
to reasonably cooperate with a Director or an officer in the exercise of the
Director’s or the officer’s powers or the performance of the Director’s or the
officer’s duties,

(d) makes
or causes to be made a false entry in any register, book, notice or other
document required to be kept by the person pursuant to this Act, the
regulations or the OHS code, or deletes or destroys any true or proper entry in
any of those documents,

(e) fails
to report an injury or incident under section 40, or

(f) fails
to comply with any provision in this Act, the regulations or the OHS code

is guilty of an offence.

Penalties

74(1) A person
who is guilty of an offence under section 73 is liable

(a) for
a first offence,

(i) to
a fine of not more than $500 000 and, in the case of a continuing offence,
to a further fine of not more than $30 000 for each day during which the
offence continues after the first day or part of a day, or

(ii) to
imprisonment for a term not exceeding 6 months,

or
to both fines and imprisonment,

and

(b) for
a 2nd or subsequent offence,

(i) to
a fine of not more than $1 000 000 and, in the case of a continuing
offence, to a further fine of not more than $60 000 for each day or part
of a day during which the offence continues after the first day, or

(ii) to
imprisonment for a term not exceeding 12 months,

or
to both fines and imprisonment.

(2) Notwithstanding subsection (1), a person who
fails to comply with an order made under section 60 or as varied under section
71 is guilty of an offence and liable to a fine of not more than
$1 000 000 or imprisonment for a term not exceeding 12 months or to
both a fine and imprisonment.

(3) A person who knowingly makes any false
statement or knowingly gives false information to an officer or a police
officer engaged in an inspection under section 51 or an investigation under
section 53 is guilty of an offence and liable to a fine of not more than $1000
or to imprisonment for a term not exceeding 6 months or to both a fine and
imprisonment.

(4) A prosecution under this Act may be commenced
within 2 years after the commission of the alleged offence, but not afterwards.

Additional powers of court to make
directions

75(1) Where a
person is convicted of an offence against this Act, the regulations or the OHS
code, in addition or as an alternative to taking any other action provided for
in this Act, the court may, having regard to the nature of the offence and the
circumstances surrounding its commission, make an order directing the person

(a) to
pay, in the manner and the amount prescribed by the court, a sum of money to a
party named by the court to be the recipient of such funds, for any of the
following purposes:

(i) training
or educational programs regarding the health and safety of workers;

(ii) research
programs into the diagnostic, preventative or remedial aspects of worker health
and safety;

(iii) any
worker health and safety initiative by a non-profit organization;

(iv) the
establishment and maintenance of scholarships for educational institutions
offering studies in occupational health and safety and related disciplines;

(v) any
other purpose that furthers the goal of achieving healthy and safe work sites,

or

(b) to
take any other action the court considers proper.

(2) The order referred to in subsection (1) may
contain any substance or conditions that the court considers appropriate.

(3) The order referred to in subsection (1) may
impose terms and conditions on the recipient of any funds paid in accordance
with an order made under subsection (1)(a).

Effect of non‑payment

76(1) If a
person is ordered under section 75 to pay money to any other person and fails
to pay

(a) the
entire amount before the expiry of the time period within which the order
requires the entire amount to be paid, or

(b) an
instalment toward the entire amount before the expiry of the time period within
which the order requires the instalment to be paid,

then, on the expiry of that time
period, the entire amount, or that portion that then remains unpaid, is deemed
to be a fine imposed on the person and is enforceable by the Crown in right of
Alberta in the same manner as any other fine may be enforced under the Provincial
Offences Procedure Act.

(2) Subsection (1) does not apply where the order
requiring the payment of money was made before the coming into force of this
section.

Part 11
Information Collection
and Exchange

Agreements re research and
educational programs

77 The Minister may enter into an agreement
with any person, government, agency or organization for the purpose of

(a) carrying
out research respecting the health and safety of workers,

(b) establishing
and operating training programs respecting the health and safety of workers,

(c) establishing
and operating programs to train persons in first aid and emergency medical
services, and

(d) establishing
and operating educational programs respecting the health and safety of workers.

Consultants

78(1) The
Minister may engage the services of experts or persons having special technical
or other knowledge to

(a) advise
the Minister,

(b) inquire
into and report to the Minister on matters respecting the health and safety of
workers, or

(c) provide
services in respect of a work site inspection or investigation.

(2) A person whose services are engaged under
subsection (1) shall

(a) be
paid any remuneration that the Minister prescribes, and

(b) be
paid the person’s reasonable travelling and living expenses while absent from
the person’s ordinary place of residence and in the course of providing the
person’s services to the Minister.

Exchange of information

79 The Minister may enter into agreements
with The Workers’ Compensation Board, a government ministry, agency, board or
commission or an organization governing the exchange between the Minister and
the other party of

(a) any
information or reports respecting any or all of the following:

(i) any
injuries or incidents that occur at work sites;

(ii) any
occupational illnesses or diseases;

(iii) any
measures taken by prime contractors, contractors or employers to protect the
health and safety of workers;

(iv) any
matter concerning the operations of prime contractors, contractors or
employers,

(b) any
statistical information respecting any or all of the following:

(i) injuries
or incidents occurring at work sites;

(ii) occupational
diseases;

(iii) assessments
made by the Board under the Workers’ Compensation Act and the cost of
claims made under that Act,

and

(c) any
information specified by the regulations.

Publication of information about
employers

80 The Minister shall, subject to the
regulations, publish at regular intervals documents and information arising
from the administration of this Act, the regulations and the OHS code,
including

(a) any
available data on disabling injury claims, disabling injury rates, person years
of work, lost time claims, lost time claims rates, motor vehicle fatalities,
work site incident fatalities and occupational disease fatalities of employers
and self‑employed persons,

(e) subject
to the Freedom of Information and Protection of Privacy Act,
investigation reports completed by an officer,

(f) acceptances
issued to any person, and

(g) approvals
issued to any person.

Board of inquiry

81(1) The
Minister may, when the Minister considers it in the public interest to do so,
by order appoint a board of inquiry of one or more persons to inquire into

(a) any
matter concerning the health and safety of workers employed

(i) at
a particular work site or at several work sites,

(ii) by
a particular employer or by a group of employers, or

(iii) in
an industry,

or

(b) the
circumstances surrounding and the causes of an injury or incident.

(2) A person appointed to a board of inquiry under
this section has all the powers of a commissioner appointed under the Public
Inquiries Act.

Funded organizations

82(1) Organizations
funded by grants issued under section 136 of the Workers’ Compensation Act
shall, in accordance with the regulations, submit to the Minister a report in
the form and containing the information required by the Minister.

(2) The Minister shall review the report submitted
under subsection (1) and make recommendations to The Workers’ Compensation
Board respecting the effectiveness of the grant in fulfilling its purpose under
section 136(3) of the Workers’ Compensation Act.

(3) The Minister may establish criteria for the
purposes of the evaluation of applications for grants issued under section
136(2) of the Workers’ Compensation Act.

Designated organizations

83 The Minister may, subject to the
regulations, designate an organization to further occupational health and
safety.

Furthering occupational health and
safety

84 The Minister may, subject to the
regulations, establish and carry out programs to further occupational health
and safety.

Part 12
Regulations and
Administration

Lieutenant Governor in Council
regulations

85(1) The
Lieutenant Governor in Council may make regulations

(a) establishing
general health and safety rules for or in connection with occupations and work
sites, including

(i) reporting,
medical and health requirements, and

(ii) the
making available of notices issued by a Director and of orders made under, and
other information and documents required by this Act, the regulations or the
OHS code;

(b) providing
for any matter or thing which by this Act may or is to be provided for by the
regulations;

(c) respecting
the establishment, composition and operation of a board dealing with first aid
training;

(d) respecting
licences and licensing, including qualifications to obtain and hold licences
and the maintenance of a registry of licensees;

(e) specifying
which work sites are mines or quarries for the purposes of this Act;

(f) respecting
fees

(i) to
be paid by the Government to physicians for services performed, and

(ii) for
licences and for services and materials provided under this Act, the
regulations and the OHS code;

(g) respecting
criteria for approvals under section 16(4);

(h) respecting
the collection, use and disclosure of information, including individually
identifying health information or personal information, for the purposes of
section 48;

(i) respecting
the establishment of an occupational health and safety surveillance program
under section 49, including, without limitation, regulations

(i) respecting
the collection, use and disclosure of information, including personal
information as defined in the Freedom of Information and Protection of
Privacy Act and the Personal Information Protection Act and the
disclosure by a custodian of health information as defined in the Health
Information Act, without the consent of the individual who is the subject
of the information;

(iii) respecting
security arrangements against risks such as unauthorized access, collection,
use and destruction of the information;

(iv) specifying
other purposes for occupational health and safety surveillance;

(j) respecting
acceptances referred to in section 55;

(k) respecting
approvals referred to in section 56;

(l) establishing
and otherwise respecting a system of fixed fines or penalties for
contraventions of this Act, the regulations and the OHS code, including
mechanisms for administering and enforcing that system and the disposition of
the fines or penalties collected under the system;

(m) respecting
the protection of workers on new projects for the purposes of section 65(1);

(n) respecting
matters referred under section 70(5)(c) to the appeal body including the
conduct of appeals by the appeal body respecting those matters;

(o) respecting
criteria for the purposes of section 82(3);

(p) authorizing
the making of orders relating to any matters falling within the scope of
clauses (a), (d), (j) or (k);

(q) respecting
administrative penalties, including regulations

(i) respecting
notices of administrative penalty, their form and contents and the manner in which
they are required to be given;

(ii) respecting
the amounts of the administrative penalties that may, subject to section 68(2),
be imposed under section 68(1) and respecting factors to be taken into account
in setting the amount of an administrative penalty;

(iii) respecting
appeals from administrative penalties, including regulations authorizing the
charging of fees in respect of appeals from administrative penalties and
regulations respecting the fees, the amounts of the fees and their disposition;

(iv) respecting
any other matter the Lieutenant Governor in Council considers necessary or
advisable to carry out the intent and purpose of the system of administrative
penalties;

(r) respecting
elements to be included in a health and safety program under section 37;

(s) respecting
reports by organizations under section 82;

(t) respecting
the designation of organizations under section 83;

(u) respecting
programs under section 84;

(v) respecting
injuries or incidents or a class of injuries or incidents for the purposes of
section 40(2)(f) or (4)(k);

(w) respecting
service of documents under section 89(6)(a)(i), (ii), (iii) and (iv), (b)(i),
(ii), (iii) and (iv) and (c)(i), (ii), (iii), (iv) and (vi), including
regulations respecting the electronic methods by which service may be effected,
regulations respecting service by recorded mail and regulations respecting when
service by recorded mail or an electronic method is deemed to be effective;

(x) enabling
any particular subject‑matter covered by clause (a) to be dealt with by
the OHS code;

(y) authorizing
a research and education program related to prevention of work site injuries
and illnesses, including but not limited to

(i) authorizing
the collection of information from The Workers’ Compensation Board,

(ii) the
use of information collected under subclause (i) in research and educational
programming related to prevention of work site injuries and illnesses, and

(iii) authorizing
the collection and use of information, if the information is related to
research and educational programming related to prevention of work site
injuries and illnesses;

(z) respecting
information for the purposes of section 79;

(aa) respecting
the publication of documents and information for the purposes of section 80;

(bb) defining
terms used but not defined in this Act;

(cc) respecting
any matter concerning the transition from the previous Act to this Act;

(dd) respecting
any matter the Lieutenant Governor in Council considers necessary and advisable
for carrying out the intent and purposes of this Act.

(2) If regulations are made under subsection
(1)(l), those regulations operate notwithstanding anything in the Financial
Administration Act.

Ministerial orders and codes

86(1) The
Minister may make an OHS code

(a) respecting
specific health and safety matters for or in connection with occupations and
work sites, including

(i) reporting
requirements and the maintenance and preservation of documents reported,

(ii) medical
and health requirements,

(iii) joint
work site health and safety committees and health and safety representatives,

(iv) the
making available of codes of practice and other information and documents
required by the OHS code, and

(v) the
instruction, supervision and qualifications of specified persons,

(b) providing
for the prevalence of specified provisions of the OHS code over other specified
provisions of the OHS code, and

(c) providing
for any matter or thing which by this Act or the regulations may or is to be
provided for by the OHS code.

(2) The OHS code may itself adopt or incorporate
another specific code (in this section referred to as a “secondary code”) or
part of a secondary code, as that secondary code or part exists as at a
particular time, dealing with health and safety matters under subsection (1).

(3) Except to the extent that the OHS code provides
otherwise, where there is any conflict between any provisions in the OHS code
and any provisions in a secondary code, the former prevail against the latter.

(4) The Minister shall ensure that the OHS code is
adequately published in such form as the Minister considers will make it
reasonably available, which may include publication on the Minister’s website,
at no expense or at reasonable expense, to all those likely to be affected by it.

(5) An OHS code that is not published in accordance
with subsection (4) is not valid against a person who has not had actual notice
of the OHS code.

(6) Section 3 of the Regulations Act does
not apply to an OHS code made under this section.

Provisions affecting the
regulations and OHS codes

87(1) Any
provision of the regulations or the OHS code may be made to apply generally or
to a particular occupation, a work site, a prime contractor, an owner, an
employer, a contractor, a service provider, a supplier, a supervisor, a worker,
a self‑employed person or any class of any such category.

(2) Except to the extent that the regulations
provide otherwise, where there is any conflict between any provisions in the
regulations and any provisions in the OHS code, the former prevail against the
latter.

Notice to a Director

88 If a regulation or the OHS code requires
a person to give notice to a Director, the person shall use the quickest
practical means of communication available.

Service of documents

89(1) In this
section,

(a) “addressee”
means the person referred to in subsection (2);

(b) “document”
means the notice or order referred to in subsection (2);

(c) “receipt”
means the standard instrument or electronic signature pad device that is in
normal use in the service deliverer’s business, a signature on which indicates
a person’s acceptance of recorded mail handled by that service deliverer;

(d) “recorded
mail” means any form of delivery of notices or other documents by mail or
courier in which receipt of the notice or other document must be acknowledged
in writing by the addressee or another individual present at the addressee’s
address;

(e) “service
deliverer” means the entity that provides the mail or courier service referred
to in clause (c).

(2) For the purposes of subsection (1), the written
acknowledgment of the document must include the signature on the applicable
receipt of the addressee or another individual present at the addressee’s
address.

(3) The electronic method referred to in this
section consists of transmission by facsimile machine to the addressee’s
facsimile number or by e‑mail to the addressee’s e‑mail address.

(4) For the purposes of this section, service of a
document is presumed to be effected,

(a) if
the document is sent by recorded mail, on the date the receipt is signed in
accordance with this section, unless the contrary is proved, or

(b) if
the document is transmitted by facsimile machine or e‑mail, when it is
transmitted, unless it is proved that the facsimile or e‑mail containing
the document was not received at the addressee’s facsimile number or e‑mail
address, as the case may be.

(5) This section does not apply to documents served
in court proceedings.

(6) A notice or other document that is required to
be served under this Act may, in addition to any other method provided by law,
be served

(a) in
the case of an individual,

(i) personally
or by being left for the individual

(A) at
an address provided by the individual to an officer with an individual present
at that address,

(B) at
the individual’s residence or last known residence with an individual present
at that address, or

(C) at
the individual’s workplace or last known workplace with an individual who
represents himself or herself as being in charge of that workplace,

(ii) by
ordinary mail or recorded mail sent to the individual

(A) at
an address provided by the individual to an officer,

(B) at
the individual’s residence or last known residence, or

(C) at
the individual’s workplace or last known workplace,

(iii) by
facsimile or e‑mail sent to the individual at a facsimile number or e‑mail
address provided by the individual to an officer for the purposes of service on
that individual,

(iv) by
being sent to a lawyer or agent who is representing the individual on the
matter to which the document being served relates, or

(v) as
directed by the Court of Queen’s Bench on application,

(b) in
the case of a corporation,

(i) by
being left

(A) with
a director or officer of the corporation,

(B) with
an individual who represents himself or herself as being in charge of a place
where the corporation carries on business, or

(C) with
an individual at the registered office of the corporation or, for an extra‑provincial
corporation, at the office of the attorney of the corporation,

(ii) by
being sent by ordinary mail or recorded mail

(A) to
a place of business of the corporation,

(B) to
the registered office of the corporation,

(C) to
a director of the corporation at the director’s residence or last known
residence, or

(D) to
an address designated by the corporation as its address for service under an
enactment of Alberta,

(iii) by
facsimile or e‑mail sent to a facsimile number or e‑mail address
provided by a representative of the corporation to an officer for service on
that corporation,

(iv) by
being sent to a lawyer or agent representing the corporation on the matter to
which the document being served relates, or

(v) as
directed by the Court of Queen’s Bench on application,

(c) in
the case of a partnership

(i) by
being left with any partner of the partnership or an individual who represents himself
or herself as being in charge of a place where the partnership carries on
business,

(ii) by
being sent by ordinary mail or recorded mail

(A) to
a place of business of the partnership,

(B) to
a partner of the partnership at the partner’s residence or last known
residence, or

(C) to
an address designated by a partnership as its address for service under an
enactment of Alberta,

(iii) by
facsimile or e‑mail sent to a facsimile number or e‑mail address
provided by a representative of the corporation to an officer for service on
that corporation,

(iv) by
being sent to a lawyer or agent representing the corporation on the matter to
which the document being served relates,

(v) as
directed by the Court of Queen’s Bench on application, or

(vi) by
service on a partner in accordance with clause (b), in the case of a partner
that is a corporation.

(7) Where it is necessary to prove service of any
notice or other document in the course of any proceeding or prosecution under
this Act, the regulations or the OHS code, service is effected

(a) if
the notice or other document is served personally or left in accordance with
subsection (6)(a)(i), (b)(i) or (c)(i), on the date it is served or left,

(b) if
the document or notice is sent by recorded mail, on the date acknowledgment of
receipt is signed,

(c) if
the notice or other document is sent by facsimile, on the date the person
sending the notice or other document receives a confirmation of the
successfully completed transmission,

(d) if
the notice or other document is sent by e‑mail, on the date the e‑mail
was sent, or

(e) if
the notice or other document is sent by ordinary mail,

(i) 7
days from the date of mailing if the notice or other document is mailed in
Alberta to an address in Alberta, or

(ii) subject
to subclause (i), 14 days from the date of mailing if the notice or other
document is mailed in Canada to an address in Canada.

Administration costs

90(1) For the
purpose of defraying part of the costs of administering this Act,

(a) the
Minister shall, if authorized by the regulations or the OHS code, make
assessments on employers, or

(b) The
Workers’ Compensation Board shall, if an agreement is entered into under
subsection (2)(b), pay to the Crown amounts that may be prescribed by the
Lieutenant Governor in Council.

(2) The Minister and The Workers’ Compensation
Board may enter into an agreement under which the Board is required to either

(a) collect on behalf of the
Crown in right of Alberta assessments made on employers by the Minister, or

(b) pay
to the Crown amounts that may be prescribed by the Lieutenant Governor in
Council.

Liability of officials

91 No action or proceeding lies or shall be
commenced against the Crown, the Minister, a Director, an officer, the appeal
body, an appeal body member or a staff member of the appeal body for anything
in good faith done, caused or permitted or authorized to be done, attempted to
be done or omitted to be done by that person or by any of those persons
pursuant to or in the exercise or supposed exercise of any power conferred by
this Act, the regulations or the OHS code or in the carrying out or supposed
carrying out of any order made pursuant to this Act or any duty imposed by this
Act, the regulations or the OHS code.

Act binds Crown

92 The Crown is bound by this Act.

Part 13
Related and Transitional Provisions, Consequential Amendments, Repeal and
Coming into Force

Dissolution of Occupational Health
and Safety Council

93 The Occupational Health and Safety
Council referred to in section 6 of the Occupational Health and Safety Act,
RSA 2000 cO-2, is dissolved and the appointments of members of the council are
terminated.

94(This section amends the Occupational
Health and Safety Act, RSA 2000 cO-2; the amendment has been incorporated into
that Act.)

Amends Occupational Health and
Safety Code 2009

95(1)The Occupational
Health and Safety Code 2009 as adopted by the Occupational Health and
Safety Code 2009 Order (AR 87/2009) is amended by this section.

(2)The following is added after section 1.1:

Domestic
workers

1.2(1) In this section,

(a) “domestic
work” means the normal household work, tasks or chores that are the type
routinely performed by members of a household;

(b) “domestic
worker” means a person employed to perform domestic work within a private
dwelling by or on behalf of an occupant or owner who lives in the private
dwelling.

(2) Except as expressly provided in this Code, this
Code does not apply to domestic workers.

Transitional — appeals and reviews

96(1) In this
section,

(a) “amended
Act” means the Occupational Health and Safety Act, RSA 2000 cO‑2,
as it reads immediately on and after the coming into force of sections 93 and
94 of this Act;

(b) “appeal”
means an appeal under section 16 of the current Act or the amended Act;

(d) “Council”
means the Occupational Health and Safety Council under the current Act;

(e) “current
Act” means the Occupational Health and Safety Act, RSA 2000 cO‑2, as
it read immediately before the coming into force of sections 93 and 94 of this
Act;

(f) “new
Act” means the Occupational Health and Safety Act as enacted by section
1 of An Act to Protect the Health and Well‑being of Working Albertans;

(g) “review”
means a review under section 35 or 37 of the current Act.

(2) If an appeal or a review has commenced under
the current Act but is not concluded before the coming into force of the new
Act,

(a) the
appeal or review is to be continued under and in conformity with the current
Act, including any right of any further appeal, and

(b) the
members of the Council, despite section 93 of this Act, may continue to hear
the appeal or conduct the review, as the case may be.

(3) If the members of the Council are unable to
hear the appeal or conduct the review or to continue to hear the appeal or
conduct the review, the appeal body shall hear the appeal or conduct the
review, as the case may be.

(4) Where

(a)a
right of appeal or review arises under the current Act but an appeal or a
review has not commenced before the coming into force of sections 93 and 94 of
this Act, or

(b)a
right of appeal or review arises under the amended Act,

the appeal body shall hear the
appeal or conduct the review in conformity with the amended Act, including any
right of any further appeal.

(5) For the purposes of hearing the appeal or
conducting the review under subsections (3) and (4), references to the Council
in sections 16, 17, 35 and 37 in the current Act or the amended Act are deemed
to be references to the Labour Relations Board.

(6) For the purpose of section 42 of the current
Act, a reference to an order of the Council in that section includes an order
of the Labour Relations Board, if any.

Transitional — regulations

97 The Lieutenant Governor in Council may
make regulations providing for the transitional application of the amendments
to the Occupational Health and Safety Act, RSA 2000 cO‑2, made by
this Act.

Transitional — regulations, OHS
codes and adopted codes

98(1) Any
regulation, OHS code or adopted code under the previous Act, as that
regulation, OHS code or adopted code read immediately before the coming into
force of this section is deemed to have been made or adopted under this Act.

(2) Notwithstanding section 1(ww) of this Act, a
regulation deemed to have been made under this Act by subsection (1), while
still in force, is included in the term “the regulations” so far as it is not
inconsistent with the regulations under section 85(1) of this Act.

Consequential
amendment

99The Body Armour Control Act is
amended in section 2(b) by striking out
“an OHS code within the meaning of the Occupational Health and Safety Act”
and
substituting “the Occupational
Health and Safety Act, a regulation made under that Act or the OHS code
within the meaning of that Act”.

Consequential
amendment

100The Workers’ Compensation Act is
amended

(a) in section
99 by striking out “39” and substituting “90”;

(b) by adding
the following after section 147:

Information

147.1 The
Board may collect information, including personal information, in addition to
the information necessary to administer this Act, in order to disclose the
information to the Minister responsible for the Occupational Health and
Safety Act if the information is for research and educational purposes
related to the prevention of occupational injuries and illnesses, so long as
the collection and disclosure are carried out in accordance with the Occupational
Health and Safety Act.